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MORSE BOULGER DESTRUCTOR CO. v. CITY OF SAGINAW

No. 13571.

264 F.2d 847 (1959)

MORSE BOULGER DESTRUCTOR COMPANY, a Delaware Corporation, and Fidelity & Deposit Company of Maryland, a Maryland Corporation, Appellants, v. CITY OF SAGINAW, a Municipal Corporation, Appellee.

United States Court of Appeals Sixth Circuit.

March 24, 1959.

Attorney(s) appearing for the Case

Frederic S. Glover, Jr., Detroit, Mich. (Moll, Desenberg, Purdy & Glover, Detroit, Mich., Englander & Englander, New York City, on the brief), for appellants.

William A. Boos, Jr., Asst. City Atty., Saginaw, Mich. (W. Vincent Nash, City Atty., Saginaw, Mich., on the brief), for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This case arises out of the erection of a sewage incinerator for appellee, the City of Saginaw, a Michigan municipal corporation, hereinafter called the City, by appellant Morse Boulger Destructor Company, a designer and builder of incinerators, hereinafter called Morse Boulger. The incinerating plant was installed and operated a month on a trial run basis during April, 1953, by two of Morse Boulger...

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