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IN RE VAN WAGNER CONST. CO.

No. 6930.

83 F.2d 27 (1936)

In re VAN WAGNER CONST. CO. TRUSCON STEEL CO. v. KENDRICK.

Circuit Court of Appeals, Sixth Circuit.

April 13, 1936.

Attorney(s) appearing for the Case

A. C. Ruihley, of Youngstown, Ohio (Fraser, Effler, Shumaker & Winn, of Toledo, Ohio, on the brief), for appellant.

Eugene Rheinfrank, of Toledo, Ohio (Rheinfrank & Lindecker and Carl J. Lindecker, all of Toledo, Ohio, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

The Van Wagner Construction Company made a contract with the state of Ohio for the construction of a state highway, and executed bond with surety to secure the payment of claims for material and labor used in the construction. The Truscon Steel Company furnished material for the construction. The Van Wagner Company was adjudged a bankrupt before the completion of the highway, after which the trustee received a considerable sum of money for...

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