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CITY OF MISHAWAKA, IND. v. SANTUCCI CONST. CO.

No. 10776.

205 F.2d 225 (1953)

CITY OF MISHAWAKA, IND. v. SANTUCCI CONST. CO. et al.

United States Court of Appeals, Seventh Circuit.

June 23, 1953.

Attorney(s) appearing for the Case

Albert L. Doyle, Mishawaka, Ind., M. Edward Doran, South Bend, Ind., for appellant.

James H. Cartwright and Edmund J. Kenny, Chicago, Ill., Winston, Strawn, Black & Towner, Chicago, Ill., Seebirt, Oare & Deahl, South Bend, Ind., of counsel, for appellees.

Before DUFFY, LINDLEY and SWAIM, Circuit Judges.

DUFFY, Circuit Judge.

The City of Mishawaka, Indiana (hereinafter called City), brought this suit against defendant construction company and its surety for damages for failure of the construction company (for convenience hereinafter referred to as defendant) to execute and carry out certain contracts with the City based upon construction bids submitted to the City by it. The trial was to the court which found the issues favorably to defendant and dismissed the action...

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