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LAYNE-MINNESOTA CO. v. CITY OF BERESFORD, S. D.

No. 13803.

175 F.2d 161 (1949)

LAYNE-MINNESOTA CO. v. CITY OF BERESFORD, S. D.

United States Court of Appeals Eighth Circuit.

May 26, 1949.

Attorney(s) appearing for the Case

Frank Janes, Minneapolis, Minn. (Snyder, Gale, Hoke, Richards & Janes, Minneapolis, Minn., were with him on the brief), for appellant.

Eugene C. Mahoney, Sioux Falls, S. D. (Martin Miller, Beresford, S. D., was with him on the brief), for appellee.

Before GARDNER, Chief Judge, and RIDDICK and COLLET, Circuit Judges.

RIDDICK, Circuit Judge.

The Layne-Minnesota Company, hereinafter referred to as the contractor, brought this action against the City of Beresford, South Dakota, for a judgment declaring the respective rights and obligations of the parties under a written contract for the construction of a well and its equipment with a pump of sufficient capacity and a motor of sufficient power to deliver the production of the well to the water treatment plant at an elevation 43 feet...

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