BARKSDALE, District Judge.
This case comes before me on defendant's motion for a judgment on plaintiff's amended complaint and defendant's answer thereto, under Rule 12(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Defendant also filed a counterclaim and plaintiff replied thereto, denying the allegations thereof.
The facts, as shown by the pleadings, briefly are:
In the spring of 1933, the City of Danville desired...
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