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CITY OF DAYTONA BEACH v. GANNETT FLEMING CORDDRY & C.

No. 16758.

253 F.2d 771 (1958)

CITY OF DAYTONA BEACH, Appellant, v. GANNETT FLEMING CORDDRY AND CARPENTER, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 16, 1958.

Attorney(s) appearing for the Case

John R. Parkinson, Parkinson & Sessions, Daytona Beach, Fla., for appellant.

Paul E. Raymond, Daytona Beach, Fla., William A. Hamilton, Jacksonville, Fla., Raymond, Wilson & Karl, Daytona Beach, Fla., and Jennings, Watts, Clarke & Hamilton, Jacksonville, Fla., of counsel, for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal by the City of Daytona Beach, the plaintiff, from orders dismissing and striking certain tort allegations of its complaint without leave to amend and denying its motion for summary judgment and granting defendant's motion for summary judgment upon plaintiff's restitution claim. In this action the City seeks to recover from the defendant, a corporation composed of engineers, damages for the defendant's willful or reckless or...

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