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RUSSELL v. CITY OF ROGERS

No. 5-3285.

382 S.W.2d 378 (1964)

C. Max RUSSELL, Appellant, v. CITY OF ROGERS, Appellee.

Supreme Court of Arkansas.

Rehearing Denied October 26, 1964.

Attorney(s) appearing for the Case

Jeff Duty, Rogers, for appellant.

Bob Scott, Rogers, for appellee.

McFADDIN, Justice.

This is the second appearance of this case. See Russell v. Rogers, 236 Ark. 713, 368 S.W.2d 89. The opening paragraph of the opinion on the first appeal states the situation:

"This is an action by the City of Rogers to recover judgment for $8,674.00 under an oral contract by which the appellant Russell agreed to pay the city at the rate of $2.00 a foot for 4,337 feet of sewer line to be laid by the city...

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