FIDELITY AND DEPOSIT CO. OF MARYLAND v. FITZGERALD

No. 6167.

272 F.2d 121 (1959)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant, v. Thomas J. FITZGERALD, Trustee in Bankruptcy, Appellee. Matter of MIDYETT AND MAY CONSTRUCTION COMPANY, a partnership, consisting of Horace Leon Midyett and Ruel Farries May, Bankrupt.

United States Court of Appeals Tenth Circuit.

November 3, 1959.


Attorney(s) appearing for the Case

H. Gayle Weller, Denver, Colo. (John R. Hickisch, Denver, Colo., on the brief), for appellant.

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

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.


PHILLIPS, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Colorado, affirming on a petition for review, an order of the referee denying in part the amended claim of Fidelity and Deposit Company of Maryland, hereinafter called Fidelity Company, filed against the estate of Midyett and May Construction Company, a partnership, Bankrupt, hereinafter referred to either as the Construction Company or the Bankrupt.

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