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MORR v. UNITED STATES

No. 12988.

243 F.2d 913 (1957)

Fred J. MORR, James R. Clark, Jr., Donald H. Rolf, as members of the Board of County Commissioners of Hamilton County, Ohio, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

May 1, 1957.

Attorney(s) appearing for the Case

Carl B. Rubin, Asst. Pros. Atty., Cincinnati, Ohio, C. Watson Hover, Pros. Atty., Cincinnati, Ohio, on the brief, for appellants.

Richard H. Pennington, Asst. U. S. Atty., Cincinnati, Ohio, Hugh K. Martin, U. S. Atty., Thomas Stueve, First Asst. U. S. Atty., Cincinnati, Ohio, for appellee.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

The United States instituted this action on August 31, 1954 against the Commissioners of Hamilton County, Ohio, to recover $65,279.48 for the repayment of the cost of materials furnished by it to the county for the construction of a water supply main under a written contract dated September 24, 1937, obligating the county to reimburse the Government for necessary materials so furnished.

The county, by its answer, denied that it owed the money and...

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