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OKEECHOBEE COUNTY, FLA. v. NUVEEN

No. 11091.

145 F.2d 684 (1944)

OKEECHOBEE COUNTY, FLA., v. NUVEEN et al. NUVEEN et al. v. OKEECHOBEE COUNTY, FLA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 19, 1944.

Attorney(s) appearing for the Case

T. W. Conely, Jr., of Okeechobee, Fla., Manley P. Caldwell, of West Palm Beach, Fla., and Joseph P. Lea, Jr., of Orlando, Fla., for appellant Okeechobee County, Fla.

Miller Walton and Edwin L. Hubbard, both of Miami, Fla., for appellees.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

Alleging that they had deposited1 with the County certified checks to guarantee performance of contracts with respect to refunding bonds, and that they were entitled to have them back, plaintiffs sued for their return, or, if they had been cashed, for their face amount with interest from demand. The claim was that though the contracts had become impossible of performance through no fault of theirs, the county...

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