v0766-271

s

No. 2159.

United States

Circuit Court of Appeals

FOR THE NINTH CIRCUIT.

Los Angeles Gas and Electric

Company, a corporation,

Plaintiff in Error^

vs.

The Western Gas Construction

Company, a corporation.

Defendant in Error.

REPLY BRIEF FOR DEFENDANT IN ERROR.

Counsel for plaintiff in error at the argument of this

case having advanced two propositions which have not

been fully met in our opening brief, we asked and were

granted leave to file this supplement to our brief.

The points made were (i) that the court having

found that the apparatus had not a capacity in excess

of two million cubic feet of gas per day, plaintiff should

have been given judgment for the $823.45 mentioned

in the second paragraph of the supplemental contract

Record, p. 41, and (2) that the court erred in taking

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