UVALDE ROCK ASPHALT CORPORATION v. CANAL BANK & TRUST CO.

No. 6257.

58 F.2d 978 (1932)

UVALDE ROCK ASPHALT CORPORATION v. CANAL BANK & TRUST CO. et al.

Circuit Court of Appeals, Fifth Circuit.

May 25, 1932.


Attorney(s) appearing for the Case

Henry B. Curtis, of New Orleans, La., for appellant.

Monte M. Lemann, Edwin T. Merrick, R. J. Schwarz, and Morris B. Redmann, all of New Orleans, La., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Into a proceeding against the New Orleans Pontchartrain Bridge Company for debt, foreclosure, and the appointment of a receiver came appellant by intervention asserting the primacy of its materialman's lien and asking "to be paid the amount of its claim in preference to all other creditors of the company, including the holders of bonds secured by mortgage on the bridge." In an alternative prayer it asked that should its claim for preference...

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