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AUDIGER, INC. v. TOWN OF HAMILTON, ALABAMA

No. 23937.

381 F.2d 24 (1967)

AUDIGER, INC., Pell Pharmaceuticals, Inc., and E. K. Demmel Company, Inc., Appellants, v. TOWN OF HAMILTON, ALABAMA et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 27, 1967.

Attorney(s) appearing for the Case

Karl R. Huber, Newark, N.J., Sadler, Sadler, Sullivan & Sharp, Birmingham, Ala., for appellants.

M. Camper O'Neal, Birmingham, Ala., Joe Payne, Huntsville, Ala., Rankin Fite, Hamilton, Ala., Dumas, O'Neal & Hayes, Birmingham, Ala., for appellees.

Before BROWN, Chief Judge, SIMPSON, Circuit Judge, and SUTTLE, District Judge.

PER CURIAM:

In this diversity case, tried to the court below without a jury, the sole questions raised on appeal by defendants-appellants ("Audiger") concern the issues of the amount and method of proof of damages awarded the plaintiff-appellee ("Town") by the trial court.

Town had leased to Audiger property on which it agreed to build improvements to be used for industry. In order to raise money for the construction, Town under an enabling amendment

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