MASSMAN CONST. CO. v. CITY COUNCIL OF GREENVILLE, MISS.

No. 11139.

147 F.2d 925 (1945)

MASSMAN CONST. CO. v. CITY COUNCIL OF GREENVILLE, MISS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 11, 1945.


Attorney(s) appearing for the Case

Ernest Kellner, of Greenville, Miss., and Elbert Johnson, of Indianola, Miss., for appellant.

W. C. Keady and H. P. Farish, both of Greenville, Miss., for appellee.

Before McCORD, WALLER, and LEE, Circuit Judges.


WALLER, Circuit Judge.

Appellant brought suit in equity against the Appellee for the recovery of the sum of $21,300 which it claimed the Appellee had wrongfully withheld as liquidated damages for the failure of the Appellant to finish the construction of four bridge piers in the Mississippi River within the time limit of 350 days fixed in the contract between Appellant and Appellee. Another contractor built the superstructure...

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