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McCLELLAN v. CITY OF CASPER

No. 3724.

455 P.2d 254 (1969)

A.L. "Art" McCLELLAN, Appellant (Plaintiff below), v. CITY OF CASPER, Appellee (Defendant below).

Supreme Court of Wyoming.

June 9, 1969.

Attorney(s) appearing for the Case

Raymond B. Whitaker, Charles S. Aspinwall, Casper, for appellant.

Jack D. Emery, City Atty., Casper, for appellee.

Before GRAY, C.J., and McINTYRE, PARKER, and McEWAN, JJ.

Mr. Justice McEWAN delivered the opinion of the court.

On September 1, 1958, plaintiff entered into a five-year written agreement with the defendant-City to pick up rubbish and garbage within the city limits of Casper. The agreement provided, inter alia:

"4. COLLECTIONS: "Rubbish and garbage shall be collected by the Contractor as required by the provisions of the aforesaid Ordinance, as amended, and of this contract, from all places and premises...

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