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LEO A. DALY COMPANY v. RAY SMITH INDUSTRIES, INC.

No. 24716.

387 F.2d 899 (1968)

LEO A. DALY COMPANY, Appellant, v. RAY SMITH INDUSTRIES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

January 9, 1968.

Attorney(s) appearing for the Case

James A. Williams, Dallas, Tex., Francis P. Matthews, Martin A. Cannon, Omaha, Neb., Bailey, Williams, Weber & Allums, Dallas, Tex., and Matthews, Kelley & Cannon, Omaha, Neb., for appellant.

Clay C. Scott, Jr., Dallas, Tex., for appellee.

Before TUTTLE, GEWIN and GODBOLD, Circuit Judges.

TUTTLE, Circuit Judge:

This was an action brought by appellee Ray Smith Industries, Inc., a Texas company, claiming under a theory of quantum meruit, that certain work which appellee performed in constructing a Post Office building for appellant Leo A. Daly Company in Belleville, Illinois, was over and above the work called for by the construction contract. Appellant removed the cause from state to federal court. The trial court, sitting without a jury, entered a...

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