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DE FONCE CONSTRUCTION COMPANY v. CITY OF MIAMI

No. 16706.

256 F.2d 425 (1958)

DE FONCE CONSTRUCTION COMPANY, Inc., J. B. Cooper and Manufacturers Casualty Insurance Company, Appellants, v. CITY OF MIAMI, for the use and benefit of Complete Machinery and Equipment Company, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

June 18, 1958.

Attorney(s) appearing for the Case

Sidney O. Raphael, New York City, for appellant.

Louis Grossman, New York City, Botts & Greene, Miami, Fla., and Grossman & Grossman, New York City, for appellee.

Before HUTCHESON, Chief Judge, and RIVES and CAMERON, Circuit Judges.

HUTCHESON, Chief Judge.

This suit grows out of a contract made by appellants, plaintiffs below, with Complete Machinery and Equipment Company to provide the machinery, equipment and supervision necessary to do the dewatering in connection with a contract made with the Water and Sewage Trust Board of the City of Miami to construct housing for six pumping stations. It was for damages resulting to plaintiffs from claimed breaches of contract by, and negligence of, defendant...

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