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DANNEL v. WILSON-WEESNER-WILKINSON CO.

No. 8071.

109 F.2d 364 (1940)

DANNEL v. WILSON-WEESNER-WILKINSON CO. et al.

Circuit Court of Appeals, Sixth Circuit.

February 7, 1940.

Attorney(s) appearing for the Case

Wilbur W. Piper, of Knoxville, Tenn. (J. Alvin Johnson and Wilbur W. Piper, both of Knoxville, Tenn., on the brief), for appellant.

Chas. C. Moore, of Chattanooga, Tenn., and J. Roy Hickerson, of Winchester, Tenn. (Chas. C. Moore, of Chattanooga, Tenn., W. P. Cooper, of Nashville, Tenn., J. Roy Hickerson, of Winchester, Tenn., and J. Tyree Fain, Thomas H. Malone, and William J. Wade, all of Nashville, Tenn., on the brief), for appellees.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

The appeal is from an order of the court below sitting in bankruptcy, overruling recommendation of the referee upon the trustee's petitions to enjoin the prosecution of a suit in the State Court and vacating a summary order previously entered directing the clerk and master of the State Court to turn over to the trustee funds claimed to belong to the bankrupt's estate. The essential controversy is whether liens of materialmen upon retained percentage...

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