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AMERICAN SURETY COMPANY OF NEW YORK v. HINDS

No. 5939.

260 F.2d 366 (1958)

AMERICAN SURETY COMPANY OF NEW YORK, Appellant, v. Oscar HINDS, Trustee, Appellee. Matter of MILE HIGH PLUMBING & HEATING COMPANY, Bankrupt.

United States Court of Appeals Tenth Circuit.

October 11, 1958.

Attorney(s) appearing for the Case

John C. Mott, Denver, Colo. (McComb, Zarlengo & Mott, Denver, Colo., on the brief), for appellant.

John W. Low, Denver, Colo., for appellee.

Before BRATTON, Chief Judge, and HUXMAN and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

By motion filed in the bankruptcy proceedings of the Mile High Plumbing & Heating Company1 the appellant, American Surety Company of New York,2 sought an order requiring the Trustee in Bankruptcy to turn over to appellant monies received by the Trustee from the United States for work done by the bankrupt and the Trustee under a contract coming within the purview of the Miller Act,...

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