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BUSH BUILDING CO. v. CITY OF BARBOURVILLE, KENTUCKY

No. 13581.

268 F.2d 919 (1959)

BUSH BUILDING COMPANY, Appellant, v. CITY OF BARBOURVILLE, KENTUCKY, Appellee.

United States Court of Appeals Sixth Circuit.

July 27, 1959.

Attorney(s) appearing for the Case

Howard F. Butler, Carmack Cochran, Nashville, Tenn. John L. Davis, James Park, Lexington, Ky. for appellant.

Earl S. Wilson, Louisville, Ky., Milton J. Luker, London, Ky., for appellee.

Before MARTIN, Chief Judge, ALLEN, Circuit Judge, and MATHES, District Judge.

PER CURIAM.

This case is before the court upon petition for rehearing. All points raised were fully considered at the hearing herein. We shall discuss one contention only, namely, that rehearing must be granted because the District Court based its award of $150,000 damages upon the testimony of Mason, witness for the city, whose estimate of the cost of repairing sewer lines "in the so-called sand area" was $97,629.26. This item included $50,214.72 for wellpointing...

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