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FARMERS STATE BANK v. JONES

Nos. 9140, 9141.

135 F.2d 215 (1943)

FARMERS STATE BANK v. Morris W. JONES, Trustee In Bankruptcy for Zaepfel & Russell, Inc., and Trinity Universal Insurance Co. FIRST STATE BANK v. Morris W. JONES, Trustee in Bankruptcy for Zaepfel & Russell, Inc., and New York Casualty Co.

Circuit Court of Appeals, Sixth Circuit.

February 15, 1943.

Attorney(s) appearing for the Case

Leo T. Wolford and Bullitt & Middleton, both of Louisville, Ky., and D. E. Wooldridge, of LaGrange, Ky., for appellant First State Bank.

D. A. Sachs, Jr., and Burwell K. Marshall, both of Louisville, Ky., for appellees.

In No. 9140:

Leo T. Wolford and Bullitt & Middleton, both of Louisville, Ky., M. J. Hennessey, of Augusta, Ky., and D. E. Wooldridge, of LaGrange, Ky., for appellant.

D. A. Sachs, Jr., and J. H. Gold, both of Louisville, Ky., for appellees.

Before SIMONS, HAMILTON, and McALLISTER, Circuit Judges.

PER CURIAM.

It appearing that the claims of both banks assert an equitable lien to the reserved percentage of a building contract in the hands of the Trustee, superior to the lien of the surety for the contractor and it being the view of the court that the cases may not be distinguished from that adjudicated by us in Farmers' Bank v. Hayes, 6 Cir., 58 F.2d 34, upon the authority of Prairie State Bank v. United States,

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