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WESTERN CAS. & SURETY CO. v. BIRMINGHAM CONTRACTING CO.

Nos. 5478, 5929, 6061, 6132.

74 F.Supp. 200 (1947)

WESTERN CASUALTY & SURETY CO. v. BIRMINGHAM CONTRACTING CO. et al. McCURDY v. PHELPS et al. SAME v. BIRMINGHAM CONTRACTING CO. (WESTERN CASUALTY & SURETY CO. et al., Interveners). WESTERN CASUALTY & SURETY CO. v. PHELPS.

District Court, E. D. Michigan, S. D.

September 30, 1947.

Attorney(s) appearing for the Case

Alexander, Cholette, Buchanan, Perkins & Conklin, of Detroit, Mich., for Western Casualty & Surety Co.

H. T. Ellerby, of Detroit, Mich., for Birmingham Contracting Co., Birmingham Construction Co., Claud A. Phelps and E. Glenn Phelps.

Blackman & Blackman, of Jackson, Mich., for Harry Phelps.

Robert S. Marx, Lawrence I. Levi, Orvill J. Thill, and Frank M. Wiseman, all of Detroit, Mich. (John R. Gehrig, of Cincinnati, Ohio, of counsel), for Charles F. McCurdy.

LEDERLE, District Judge.

Findings of Fact.

1. This series of four cases was instituted by two citizens of other states, namely, Western Casualty & Surety Company, a Kansas corporation, and Charles F. McCurdy, a citizen of Ohio, predicated upon financial transactions arising out of construction contracts performed by certain of the defendants, seeking the appointment of a receiver and other relief for the ultimate purpose of securing payment of plaintiffs...

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