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IN RE DUTCHER CONSTRUCTION CORPORATION

No. 197, Docket 27246.

298 F.2d 655 (1962)

In the Matter of DUTCHER CONSTRUCTION CORPORATION, Bankrupt.

United States Court of Appeals Second Circuit.

Decided February 6, 1962.

Attorney(s) appearing for the Case

Raymond T. Miles, Buffalo, N. Y., for appellant, Chester A. Pearlman, Trustee in Bankruptcy of Dutcher Construction Corporation.

Mark N. Turner, Buffalo, N. Y. (Vaughan, Brown, Kelly, Turner & Symons, Buffalo, N. Y., on the brief), for respondent, Reliance Ins. Co.

John G. Street, Jr., Fort Worth, Tex., amicus curiæ supporting the contentions of appellant.

Thomas W. Murphy, Phoenix, Ariz. (Murphy & Mirkin, Phoenix, Ariz.), amicus curiae supporting the contentions of appellant.

Before MEDINA, MOORE and SMITH, Circuit Judges.

MEDINA, Circuit Judge.

The trustee in bankruptcy of Dutcher Construction Corporation appeals from an order of Judge Henderson, reversing the Referee and holding that petitioner-appellee Reliance Insurance Company (formerly named Fire Association of Philadelphia) was entitled to a fund of $87,737.35 previously paid by the Government to the trustee. Opinion below reported at 197 F.Supp. 441.

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