GAMEWELL COMPANY v. CITY OF PHOENIX

No. 13635.

219 F.2d 180 (1955)

The GAMEWELL COMPANY, a corporation, Appellant, v. The CITY OF PHOENIX, a municipal corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended January 13, 1955.


Attorney(s) appearing for the Case

Henry E. Foley, Clarence I. Peterson, Lawrence A. Sullivan, Foley, Hoag & Eliot, Boston, Mass., Walter Linton, Mark Wilmer, Snell & Wilmer, Phoenix, Ariz., for appellant.

Richard Fennemore, Walter E. Craig, Fennemore, Craig, Allen & Bledsoe, William C. Eliot, City Atty., City of Phoenix, Ariz., for appellee.

Before BONE and POPE, Circuit Judges, and YANKWICH, Chief Judge, District Court.


PER CURIAM.

Appellee seeks a rehearing urging among others two points: (1) that this court, in reversing the judgment on the counterclaim assumed that the contract here was entered into "in good faith", whereas no such finding of good faith was made by the district court, which alone may make such findings; and (2) that we should have remanded the cause for trial (a) of the question of good faith, and (b) of the question of the extent of the city's enrichment, that...

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