NEW MEXICO ASPHALT AND REFINING CO. v. WILLIAMS

Civ. A. No. 4216.

131 F.Supp. 297 (1955)

NEW MEXICO ASPHALT and REFINING COMPANY, a corporation, Plaintiff, v. Bernard WILLIAMS, doing business as Williams Oil Company, Bernard Williams, individually, and Lois S. Miller, as County Treasurer and Public Trustee of Montezuma County, Colorado, Defendants.

United States District Court D. Colorado.

May 23, 1955.


Attorney(s) appearing for the Case

Garrison, Dilts & Hancock, Cortez, Colo., William E. Doyle, Denver, Colo., for plaintiff.

Wolvington & Wormwood, Denver, Colo., Forrest C. O'Dell, Denver, Colo., for Hawkeye-Security Ins. Co.

Pierpont Fuller, Denver, Colo., for receiver J. French McGaughey.


KNOUS, Chief Judge.

The question for determination herein is whether the Hawkeye-Security Insurance Company is entitled to preference in the payment of its claim heretofore filed with the Receiver in this proceeding which by a compromise agreement has been fixed as being for $13,637.77. The claim is based on a payment made by Hawkeye to the State of Colorado under the provisions of a bond executed by Hawkeye as surety covering defendant Williams for state motor fuel...

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