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HILL & COMBS v. FIRST NAT. BANK OF SAN ANGELO, TEX.

No. 10763.

139 F.2d 740 (1944)

HILL & COMBS et al. v. FIRST NAT. BANK OF SAN ANGELO, TEX., et al.

Circuit Court of Appeals, Fifth Circuit.

January 5, 1944.

Attorney(s) appearing for the Case

W. L. Matthews and W. F. Nowlin, both of San Antonio, Tex., and Robert G. Hughes, of San Angelo, Tex., for appellants.

Lloyd Kerr, of San Angelo, Tex., for appellees.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

Brought by a sub-contractor on a government job and the bank his assignee, the suit was for a balance claimed to be due for paying done. Originally of wider compass, the suit as it was submitted to the jury presented but one issue. This was whether turnouts, service entrances and other areas paved by plaintiff, the sub-contractor, were, as claimed by defendants, included in his contract, or were, as plaintiffs claimed, extras and to be paid...

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