EAST END BANK v. CHILDRESS

No. 19806.

322 F.2d 563 (1963)

EAST END BANK, Appellant, v. Joseph A. CHILDRESS, Appellee. Joseph A. CHILDRESS, Appellant, v. EAST END BANK, Appellee.

United States Court of Appeals Fifth Circuit.

September 17, 1963.


Attorney(s) appearing for the Case

C. D. Marshall, New Orleans, La., Dave McNeill, Jr., Houston, Tex. (Vinson, Elkins, Weems & Searls, Houston, Tex., Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., of counsel), for appellant.

Ivor A. Trapolin, New Orleans, La., for appellee.

Before CAMERON, BROWN and WISDOM, Circuit Judges.


CAMERON, Circuit Judge.

This is an interpleader action in which East End Bank and Joseph A. Childress, two assignees of sums due under Exco Corporation's subcontract with R. P. Farnsworth & Company, Inc., claim the balance due under that contract. The subcontract provided for the construction by Exco of certain wharves at the Port of Houston. It provided for interim payments as the work progressed, and provided further for the retention by Farnsworth of ten percent...

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