ATLANTIC GYPSUM CO. v. FEDERAL NAT. BANK OF BOSTON

No. 2972.

76 F.2d 59 (1935)

ATLANTIC GYPSUM CO. v. FEDERAL NAT. BANK OF BOSTON et al.

Circuit Court of Appeals, First Circuit.

March 9, 1935.


Attorney(s) appearing for the Case

Lawrence S. Apsey, of Boston, Mass. (Channing, Corneau & Frothingham, of Boston, Mass., on the brief), for appellant.

William Macy Marvel, of Boston, Mass. (John C. Coughlin, Haven Parker, and Parkman, Robbins, Coughlin & Hannan, all of Boston, Mass., on the brief), for appellees.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


MORTON, Circuit Judge.

The question is whether the plaintiff has a preferred claim in the amount of $5,000 against the assets of the Federal National Bank which failed and is being liquidated by the defendant Pearson as receiver. There is no controversy about the facts.

The claimant made a contract with the Sunrayed Limeshell Products Company, under which the claimant agreed to process shells to be delivered to it by the limeshell company. Preparatory expenses...

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