IN RE FREUDLAIT CONST. CO.

No. 214.

88 F.2d 413 (1937)

In re FREUDLAIT CONST. CO., Inc. In re HENDRICKSON BROS., Inc.

Circuit Court of Appeals, Second Circuit.

March 1, 1937.


Attorney(s) appearing for the Case

Ernest W. Arlt, of New York City, for appellant.

Krause, Hirsch & Levin, of New York City (Sydney Krause, of New York City, of counsel), for trustee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The appellant is a subcontractor who performed work under a contract with the bankrupt, who was under contract with the State of New York for the erection of a public improvement known as the Creedmoor State Hospital. The bankrupt defaulted, and the fund which the appellant is trying to reach resulted from litigation in the Court of Claims over the amount due the bankrupt for such performance as it was shown to have made.

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