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IN RE JOHN CONDON CONTRACTING CO.

No. 21535.

2 F.Supp. 52 (1932)

In re JOHN CONDON CONTRACTING Co., Inc.

District Court, E. D. New York.

December 19, 1932.

Attorney(s) appearing for the Case

Joseph A. Murphy, of Albany, N. Y. (Robert H. Wilson, of Brooklyn, N. Y., of counsel), for petitioner.

Julius Silver, of New York City, for trustee.

BYERS, District Judge.

Reargument has been sought of the motion heard on September 30, 1932, for leave to make the trustee in bankruptcy a defendant in an action brought by Croissant to foreclose a lien filed by him against funds held by the comptroller of the state of New York, under a certain road building contract which has long since been performed.

The basis of the application is that this court, having granted the alternative relief sought, conditionally...

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