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E. TOTONELLY SONS, INC., OF NEWBURGH v. TOWN OF FAIRFIELD

No. 346, Docket 26531.

292 F.2d 403 (1961)

E. TOTONELLY SONS, INC., OF NEWBURGH, NEW YORK, Plaintiff-Appellant, v. TOWN OF FAIRFIELD, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 30, 1961.

Attorney(s) appearing for the Case

Walter W. Downs, Hartford, Conn. (Stickles, Hayden & Young and J. Francis Hayden, New York City, on the brief), for plaintiff-appellant.

David S. Maclay, Bridgeport, Conn. (Marsh, Day & Calhoun, Bridgeport, Conn., on the brief), for defendant-appellant.

Before CLARK, HINCKS and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

Plaintiff, a contractor, was engaged by the defendant Town to construct and install certain sewers. Because of the excessive infiltration of ground water into the sewer lines, the defendant was unsatisfied with the result of plaintiff's work and withheld payments under the contract. This lawsuit followed. Plaintiff appeals from the dismissal of its complaint, which sought to recover contract balances...

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