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FIRST NAT. BANK IN WINFIELD, KAN. v. FIDELITY & DEPOSIT CO.

No. 756.

65 F.2d 959 (1933)

FIRST NAT. BANK IN WINFIELD, KAN., v. FIDELITY & DEPOSIT CO. OF MARYLAND et al.

Circuit Court of Appeals, Tenth Circuit.

June 30, 1933.

Attorney(s) appearing for the Case

Richard B. McDermott and Harry O. Janicke, both of Winfield, Kan., for appellant.

Harry W. Hart, of Wichita, Kan. (Glenn Porter, Enos E. Hook, Edw. H. Jamison, and Getto McDonald, all of Wichita, Kan., on the brief), for appellees.

Before LEWIS and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

This appeal involves the disposition made by the trial court of the retained percentages in the hands of the owner under the terms of a building contract at the completion of the building by the contractor. As usual in such cases the contest in respect to this fund was between the surety on the contractor's bond and a creditor of the contractor with an assignment or order for the fund from the contractor — in this instance an order...

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