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PIERCE CONSULTING ENG. CO. v. CITY OF BURLINGTON, VT.

No. 197, Docket 23313.

221 F.2d 607 (1955)

PIERCE CONSULTING ENGINEERING CO. and Henry Friedman, Assignee, Plaintiff, v. CITY OF BURLINGTON, VT., Defendant and Third-Party Plaintiff-Appellant, CENTURY INDEMNITY CO., Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 4, 1955.

Rehearing Denied April 29, 1955.

Attorney(s) appearing for the Case

Bernard J. Leddy, Burlington, Vt., for defendant and third-party plaintiff.

Edmunds, Austin & Wick, Burlington, Vt. (Hilton A. Wick, Burlington, Vt., of counsel), for third-party defendant.

Fayette & Deschenes, Burlington, Vt., F. Elliot Barber, Jr., Brattleboro, Vt., Hale & Dorr, Boston, Mass., for Pierce Consulting Engineering Co. and Henry Friedman, Assignee.

Before FRANK and MEDINA, Circuit Judges, and BRENNAN, District Judge.

BRENNAN, District Judge.

Appellant challenges on this appeal the sufficiency of the evidence to warrant the submission of the question of its fraud to the jury.

The details of a rather complicated litigation may be eliminated in part since the trial judge, with the approval of the litigants, directed that a single phase of the total litigation be determined at the trial involved in this appeal. Thereupon the issue...

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