IN RE STRATTON

No. 39606.

53 F.Supp. 131 (1943)

In re STRATTON.

District Court, S. D. California, Central Division.

December 17, 1943.


Attorney(s) appearing for the Case

Martin Gendel, of Los Angeles, Cal., for trustee.

Mathes & Sheppard and Gordon F. Hampton, all of Los Angeles, Cal., for American Surety Co. of New York.


J. F. T. O'CONNOR, District Judge.

The principal question presented on review from the Referee in Bankruptcy is: Can a surety, having paid certain claims under its bond given to a contractor who later is adjudged a bankrupt, participate in dividends on its allowed claim from the estate of the contractor before the creditors of the class covered by the bond are paid in full? The answer is no.

The contractors obtained from the American Surety Company, as surety...

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