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F. T. MERRILL v. B. R. ACKER CO.

Nos. 8463, 8464.

142 F.2d 102 (1944)

F. T. MERRILL et al. v. B. R. ACKER CO., Inc., et al.

United States Court of Appeals District of Columbia.

Decided April 28, 1944.

Attorney(s) appearing for the Case

Mr. Daniel Partridge III, of Washington, D. C., for appellants.

Mr. Raymond M. Hudson, of Washington, D. C., for appellees B. R. Acker Company, Inc., and Barber & Ross Company. Mr. Leon M. Shinberg, of Washington, D. C., for appellee American Heating Engineering Company, Inc. Messrs. James E. Shifflette, Milford F. Schwartz, Charles H. Fleming, Charles J. Brandt, Henry S. Snyder, Carl A. Marshall, Louis Rothschild, and N. Meyer Baker, all of Washington, D. C., were on the brief for appellees. Mr. Hewitt G. Robertson, of Washington, D. C., Trustee in bankruptcy for appellee Clay, entered an appearance, pro se.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

EDGERTON, Associate Justice.

This appeal is from a judgment that appellees, who took part as subcontractors in the building of appellants' house, were entitled to mechanics' liens. The court found that appellants "with knowledge that the subcontractors, the lienors herein, were not being paid, deviated from the terms [of appellants' contract with the general contractor, and] made advance payments to * * * the general contractor * * * and assured several of the lienors...

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