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BUSH BUILDING CO. v. CITY OF BARBOURVILLE, KENTUCKY

No. 13581.

266 F.2d 358 (1959)

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

United States Court of Appeals Sixth Circuit.

April 17, 1959.

Attorney(s) appearing for the Case

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

Luker & Luker, London, Ky., Earl S. Wilson, Louisville, Ky., of counsel, Bullitt, Dawson & Tarrant, Louisville, Ky., for appellee.

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

PER CURIAM.

This is an appeal from a judgment of the District Court dismissing the complaint and substituted complaint as amended, filed by a contractor against the City of Barbourville, Kentucky, alleging that an extensive system of sewers and other improvements had been completed by the contractor in accordance with a contract with the city and praying for judgment for the balance claimed to be due.

The final approval and acceptance of the work was alleged...

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