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TEXAS TUNNELING COMPANY v. CITY OF CHATTANOOGA, TENNESSEE

Nos. 15075, 15076.

329 F.2d 402 (1964)

TEXAS TUNNELING COMPANY, Plaintiff-Appellee and Cross-Appellant, v. CITY OF CHATTANOOGA, TENNESSEE, Defendant-Appellee, 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, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals Sixth Circuit.

March 24, 1964.

Attorney(s) appearing for the Case

Robert L. McMurray, Chattanooga, Tenn., Donald L. Halladay, Chattanooga, Tenn., on brief; Noone, Moseley & Noone, Chattanooga, Tenn., of counsel, for Texas Tunneling Co.

W. A. Wilkerson, Chattanooga, Tenn., Wilkerson & Abshire, Chattanooga, Tenn., of counsel, for Havens and Emerson.

Ellis K. Meacham, Chattanooga, Tenn., Anderson, Meacham & Barger, Chattanooga, Tenn., for City of Chattanooga, Tenn.

Before CECIL and O'SULLIVAN, Circuit Judges, and McALLISTER, Senior Circuit Judge.

O'SULLIVAN, Circuit Judge.

This case involves an appeal by defendant-appellant, Havens and Emerson, from a judgment for plaintiff-appellee, Texas Tunneling Company. The action is for damages resulting from an alleged negligent misrepresentation in the furnishing of an engineering survey, which plaintiff claimed to have relied upon to its detriment. The survey was used by plaintiff in negotiating a subcontract for digging a tunnel as a part of the work involved in...

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