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UNITED STATES v. CITY OF WENDELL, IDAHO

No. 14819.

237 F.2d 51 (1956)

UNITED STATES of America, Appellant, v. CITY OF WENDELL, IDAHO, formerly Village of Wendell, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 12, 1956.

Attorney(s) appearing for the Case

Warren E. Burger, Asst. Atty. Gen., Paul A. Sweeney, William W. Ross, Attys., Dept. of Justice, Washington, D. C., Sherman F. Furey, Jr., U. S. Atty., Boise, Idaho, for appellant.

Branch Bird, Cecil D. Hobdey, Gooding, Idaho, for appellee.

Before POPE and CHAMBERS, Circuit Judges, and BOLDT, District Judge.

CHAMBERS, Circuit Judge.

In the spring of the year 1946, the Federal Works Administration supplied the City of Wendell, Idaho,1 with $1,700 for advance planning for the "grading, draining, and paving of various streets" at Wendell. The city's obligation under the agreement, and under federal regulations which it accepted, was to "complete such plan preparation" and "repay such advance" when "the construction of the public work for which...

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