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WASHINGTON v. HOUSTON LUMBER COMPANY

No. 6997.

310 F.2d 881 (1962)

Harry M. WASHINGTON, Trustee in Bankruptcy, Appellant, v. HOUSTON LUMBER COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

November 1, 1962.

Attorney(s) appearing for the Case

Wm. I. Robinson, Wichita, Kan. (Wm. F. Pielsticker, Wichita, Kan., with him on the brief), for appellant.

Robert T. Cornwell, Wichita, Kan. (Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill and Gerritt H. Wormhoudt, Wichita, Kan., and Hugo T. Wedell and Homer V. Gooing, Wichita, Kan., of counsel, with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In these bankruptcy proceedings appellee, Houston Lumber Company (Houston), claims a lien for materials furnished for the construction of houses. The Referee denied the claim on the ground that Houston was a subcontractor of the second degree and had no lien under Kansas law. On review the district court reversed, holding that Houston was a subcontractor of the first degree and hence had a lien...

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