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TEXAS TUNNELING COMPANY v. CITY OF CHATTANOOGA, TENN.

Civ. A. No. 3215.

204 F.Supp. 821 (1962)

TEXAS TUNNELING COMPANY v. CITY OF CHATTANOOGA, TENNESSEE; Lewis A. Schmidt d/b/a Schmidt Engineering Company, and William A. Havens, Alfred W. Burger, Harry H. Moseley, Jasper W. Avery, Frank S. Palocsay and Edward S. Ordway d/b/a Havens and Emerson.

United States District Court E. D. Tennessee, S. D.

March 23, 1962.

Attorney(s) appearing for the Case

Robert L. McMurray, Donald L. Halladay, Noone, Moseley & Noone, Chattanooga, Tenn., for plaintiff.

Will Allen Wilkerson, Wilkerson & Abshire, Chattanooga, Tenn., for defendant Havens & Emerson.

Ellis K. Meacham, Chattanooga, Tenn., for defendant City of Chattanooga, Tenn.

FRANK W. WILSON, District Judge.

In this suit the plaintiff, Texas Tunneling Company, seeks to recover damages it claims to have sustained as a result of alleged misrepresentations upon the part of the defendants. More specifically, the plaintiff contends it was caused to sustain heavy losses in digging a tunnel at Chattanooga, Tennessee by the defendants having wrongfully omitted, withheld and misrepresented geological information.

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