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IN RE A.B.C. ROOFING & SIDING, INC.

Nos. 36196, 36434, 36471.

61 Wn.2d 342 (1963)

378 P.2d 453

In the Matter of the Dissolution of A.B.C. ROOFING & SIDING, INC. SIDNEY C. VOLINN, as Receiver, Appellant, v. UNITED PACIFIC INSURANCE COMPANY et al., Respondents. In the Matter of the Dissolution of A.B.C. ROOFING & SIDING, INC. SIDNEY C. VOLINN, as Receiver, Appellant, v. UNITED PACIFIC INSURANCE COMPANY et al., Respondents. In the Matter of the Dissolution of A.B.C. ROOFING & SIDING, INC. SIDNEY C. VOLINN, as Receiver, Respondent, v. UNITED PACIFIC INSURANCE COMPANY et al., Appellants.

The Supreme Court of Washington, Department One.

January 31, 1963.

Attorney(s) appearing for the Case

Alexander Wiley and Sidney C. Volinn, attorneys for Sidney C. Volinn.

Jack E. Hullin and Hullin, Ehrlichman, Carroll & Roberts, attorneys for United Pacific Insurance Company.

Holman, Mickelwait, Marion, Black & Perkins, John W. Ellis, and Douglas P. Beighle, attorneys for Zellerbach Paper Company.

Rosling, Williams, Lanza & Kastner and Joseph J. Lanza, attorneys for Reynolds Metals Company.

ROSELLINI, J.

These cases involve conflicting claims to a fund. The undisputed facts are these:

A.B.C. Roofing & Siding, Inc., hereafter referred to as the contractor, entered into an agreement to construct certain hangars for the U.S. Navy Department. The United Pacific Insurance Company, hereafter referred to as the surety, issued its surety bond pursuant to the Miller Act (40 U.S.C. § 270a) on behalf of the contractor, as principal, and running...

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