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CALHOUN COUNTY v. ROBERTS

No. 11243.

148 F.2d 901 (1945)

CALHOUN COUNTY, FLA., v. ROBERTS. ROBERTS v. CALHOUN COUNTY, FLA.

Circuit Court of Appeals, Fifth Circuit.

April 21, 1945.

Attorney(s) appearing for the Case

Julius F. Parker and Leo L. Foster, both of Tallahassee, Fla., and Marion B. Knight, of Blountstown, Fla., for appellant Calhoun County, Fla.

John W. Bull and Luther W. Cobbey, both of Tampa, Fla., for appellee Charles E. Roberts, as receiver of Allied Engineering Corporation.

George Earl Hoffman, U. S. Atty., of Pensacola, Fla., for United States.

Edw. McCarthy, Jr., of Jacksonville, Fla., for Atlantic Nat. Bank of Jacksonville.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

This case is before us on appeal for the second time. The facts which culminated in the litigation are fully set forth in our prior opinion, reported in 136 F.2d 59, 64, and those relevant to this appeal may be briefly summarized.

In December of 1934, Calhoun County, Florida, appellant, entered into a written contract with Allied Engineering Corporation under which the latter agreed to perform the engineering...

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