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HERLIHY MID-CONTINENT COMPANY v. BAY CITY

No. 14364.

293 F.2d 383 (1961)

HERLIHY MID-CONTINENT COMPANY, Plaintiff and Appellee, v. BAY CITY, a Municipal Corporation, Defendant and Appellant.

United States Court of Appeals Sixth Circuit.

July 25, 1961.

Attorney(s) appearing for the Case

George M. Tunison, Saginaw, Mich. (Heilman & Purcell, Saginaw, Mich., Anthony F. Bielawski, Bay City, Mich., on the brief), for plaintiff-appellee.

John X. Theiler, Bay City, Mich. (Smith, Brooker & Harvey, Bay City, Mich., on the brief), for defendant-appellant.

Before MILLER, Chief Judge, and CECIL and O'SULLIVAN, Circuit Judges.

CECIL, Circuit Judge.

This is an appeal by the defendant-appellant from a judgment in favor of the plaintiff-appellee, in the District Court for the Eastern District of Michigan, Northern Division.

The parties will be referred to as plaintiff and defendant, as they were in the District Court. The plaintiff, Herlihy Mid-Continent Company, is a corporation organized under the laws of the State of Illinois, engaged in...

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