SHELBOURNE, Chief Judge.
This action was filed July 9, 1952 by the plaintiff, B. F. Churchill, a resident of Tennessee, against the defendant Andy Anderson, a resident of Kentucky, to recover the alleged balance of an amount equal to ten percent of the construction cost of a six hundred seat theater, a drug store and three store buildings in the town of Hodgenville, Kentucky.
The period of construction under plaintiff's supervision began on March 24, 1949...
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