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PAULUS v. CITY OF ST. LOUIS

Nos. 33126, 33136.

446 S.W.2d 144 (1969)

Walter L. PAULUS, d/b/a Robert Paulus Construction Company, Plaintiff-Respondent, v. The CITY OF ST. LOUIS, a Municipal Corporation, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

September 16, 1969.

Attorney(s) appearing for the Case

Ferrara & Mulligan, St. Louis, for plaintiff-appellant.

Gary M. Gaertner, City Counselor, John J. Fitzgibbon, Associate City Counselor, Donald R. Carmody, Asst. City Counselor, St. Louis, for defendant-respondent.

JAMES H. KEET, Jr., Special Judge.

Plaintiff-respondent, a general contractor, challenges the right of appellant, the City of St. Louis, to retain $4,234 which plaintiff paid to the City under protest for a building permit after plaintiff had begun construction of the Clinic and Administration Building at the St. Louis State Hospital under a $4,291,600 contract with the State of Missouri. In a jury-waived trial on plaintiff's petition, which alleged that the City...

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