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HOME INDEMNITY COMPANY v. F. H. DONOVAN PAINTING CO.

No. 17330.

325 F.2d 870 (1963)

The HOME INDEMNITY COMPANY, a Corporation, Appellant, v. F. H. DONOVAN PAINTING CO., Inc., Bankrupt; Donald B. Kramer, Trustee of F. H. Donovan Painting Co., Inc., Bankrupt; State of Texas, and United States of America, Appellees.

United States Court of Appeals Eighth Circuit.

December 17, 1963.

Attorney(s) appearing for the Case

James E. McDaniel, St. Louis, Mo., made argument for appellant and Herbert E. Barnard, McDonald, Barnard, Wright & Timm, St. Louis, Mo., was on the brief with him.

Gideon H. Schiller, Clayton, Mo., made argument for appellee Donald B. Kramer, St. Louis, Mo., Trustee of F. H. Donovan Painting Co., and was on the brief.

Sam Lane, Asst. Atty. Gen., Austin, Tex., made argument for appellee State of Texas and filed brief with Waggoner Carr, Atty. Gen., of Texas.

Arthur E. Strout, Atty., Dept. of Justice, Washington, D. C., made argument for the appellee United States and John B. Jones, Jr., Acting Asst. Atty. Gen., Washington, D. C., Meyer Rothwacks, I. Henry Kutz and Arthur E. Strout, Attys., Dept. of Justice, Washington, D. C., and also Richard D. FitzGibbon, Jr., U. S. Atty., and Harold F. Fullwood, Asst. U. S. Atty., were on the brief for the United States.

Before VOGEL and MATTHES, Circuit Judges, and ROBINSON, District Judge.

MATTHES, Circuit Judge.

This appeal in a bankruptcy proceeding presents the following questions for our determination:

1. Whether the sum of $39,711.11 paid as wages by The Home Indemnity Company (Surety) between the date of contractual default (March 31, 1960) of F. H. Donovan Painting Co., Inc. (Bankrupt), and the date of Donovan's bankruptcy (May 4, 1960), constituted wages within the meaning of §§ 64...

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