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KINDY v. KOENKE

No. 15063.

216 F.2d 907 (1954)

Phillips KINDY, Laurence M. Nelson and Livingston Garden Apartments, Inc., Appellants, v. First Lieutenant Bernard G. KOENKE, Appellee.

United States Court of Appeals Eighth Circuit.

November 19, 1954.

Attorney(s) appearing for the Case

Lewis L. Anderson, St. Paul, Minn., for appellants.

O'Toole & Miller, St. Paul, Minn., submitted motion of appellee to dismiss.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

Bernard G. Koenke, a citizen of Minnesota and a reserve officer in the United States Air Force, was recalled for active duty, reporting on June 8, 1951. At that time he had almost completed the construction of a number of housing units under contract with the owner corporation, Livingston Garden Apartments, Inc. The contract provided for a lump sum payment to Koenke of approximately $91,000. The total...

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