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OTINGER v. WATER WORKS AND SANITARY SEWER BOARD

3 Div. 157.

177 So.2d 320 (1965)

S. J. OTINGER, Jr., v. WATER WORKS AND SANITARY SEWER BOARD.

Supreme Court of Alabama.

July 15, 1965.

Attorney(s) appearing for the Case

Jerry L. Coe, Montgomery, for appellant.

Jones, Murray & Stewart, Montgomery, for appellee.

HARWOOD, Justice.

In the proceedings below S. J. Otinger, doing business as S. J. Otinger Construction Company, filed a complaint claiming $3,872.45 due from the Water Works and Sanitary Sewer Board of the City of Montgomery, Alabama, hereinafter called the Board, for work and labor done.

The Board filed its answer denying any indebtedness to Otinger, and also by way of counterclaim sought recovery of $2,627.55, it had allegedly overpaid Otinger.

The...

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