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UNITED STATES v. MUNSEY TRUST CO.

No. 847.

332 U.S. 234 (1947)

UNITED STATES v. MUNSEY TRUST CO., RECEIVER.

Supreme Court of United States.

Decided June 23, 1947.

Attorney(s) appearing for the Case

Philip Elman argued the cause for the United States. With him on the brief were Acting Solicitor General Washington, Assistant Attorney General Sonnett, John R. Benney, Paul A. Sweeney and Melvin Richter.

Alexander M. Heron and W. Braxton Dew argued the cause for respondent. With them on the brief was William L. Owen.

MR. JUSTICE JACKSON delivered the opinion of the Court.

This case presents a problem arising out of contracts for public building construction and repair. The rights inter sese of contractor, surety, assignees and government have been productive of much litigation, but we have not heretofore had to decide whether percentages retained pursuant to contract by the United States may be subjected to its set-off claims despite the claims of a surety who has paid...

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