Herlihy Mid-Continent Company, and v. Bay City, a Municipal Corporation, And

CECIL, Circuit Judge.

This is an appeal by the defendant-appellant from a judgment in favor of the plaintiff-appellee, in the District Court for the Eastern District of Michigan, Northern Division.

The parties will be referred to as plaintiff and defendant, as they were in the District Court. The plaintiff, Herlihy Mid-Continent Company, is a corporation organized under the laws of the State of Illinois, engaged in the general contracting and construction business. The defendant, Bay City, is a municipal corporation organized and existing under the laws of the State of Michigan and located in…