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CITY OF BIRMINGHAM v. THOMPSON

No. 13930.

200 F.2d 505 (1952)

CITY OF BIRMINGHAM v. THOMPSON et al.

United States Court of Appeals Fifth Circuit.

December 8, 1952.

Attorney(s) appearing for the Case

Mayer U. Newfield, Asst. City Atty., Birmingham, Ala., for appellant.

Ralph B. Tate, John P. Ansley, Birmingham, Ala., for appellees.

Before BORAH, STRUM and RIVES, Circuit Judges.

RIVES, Circuit Judge.

Appellees were general contractors engaged in constructing a Veterans Hospital for the United States in Birmingham. On October 19, 1949, they paid to appellant City, under protest, $28,618.80 representing the amount demanded of them as building permit fee to secure a permit to construct the hospital. Contending that the exaction of the fee from them was illegal, they filed claim with appellant for its refund, and the claim not being paid, suit...

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