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FRAZIER-DAVIS CONST. CO., v. CITY OF BIRMINGHAM

No. 14532.

207 F.2d 732 (1953)

FRAZIER-DAVIS CONST. CO., Inc. v. CITY OF BIRMINGHAM et al.

United States Court of Appeals Fifth Circuit.

November 4, 1953.

Attorney(s) appearing for the Case

Thomas E. Skinner and Wilkinson & Skinner, Birmingham, Ala., for appellant.

Mayer U. Newfield, Asst. City Atty., Birmingham, Ala., Lee Edward Barton, Asst. Atty. Gen., Thomas M. Haas, Montgomery, Ala., of counsel, for appellees.

Before HOLMES and RIVES, Circuit Judges, and KENNAMER, District Judge.

KENNAMER, District Judge.

Appellant sought in the court below, by declaratory judgment, its right to recover from the State of Alabama the sum of $17,549.10. Tried by the court without a jury, judgment was for the defendants.

Appellant and the State of Alabama entered into a written contract on July 15, 1948, for the demolition of an old Viaduct and the construction of a new one in its place in the City of Birmingham...

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