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STATE v. INGALLS

No. 5173.

105 N.H. 244 (1964)

STATE v. A. D. INGALLS, INC. & a.

Supreme Court of New Hampshire.

Decided January 31, 1964.

Attorney(s) appearing for the Case

William Maynard, Attorney General, and Alexander J. Kalinski, Assistant Attorney General (Mr. Kalinski orally), for the State.

G. Wells Anderson, ancillary trustee in bankruptcy of A. D. Ingalls, Inc. (by brief and orally), pro se.

Upton, Sanders & Upton (Mr. Frederic K. Upton orally), for defendant National Fence & Granite Co.

Donald W. Cushing (by brief and orally), for defendant Sigrid J. Tuttle.

McLane, Carleton, Graf, Greene & Brown and G. Marshall Abbey (Mr. Abbey orally), for defendant Trimount Bituminous Products Co.

Devine, Millimet, McDonough, Stahl & Branch and Jarlath M. Slattery (Mr. Slattery orally), for defendant Maine Bonding & Casualty Company.

LAMPRON, J.

The main issue to be decided is whether the funds in the amount of $9,280 retained by the State under its contract with Ingalls should be paid to the unpaid subcontractors and materialmen or to the trustee in bankruptcy of the contractor Ingalls.

The contract between the State and Ingalls was signed March 21, 1961. The work commenced April 3, was completed August 22, and the project accepted the next day, August 23, 1961. The revised final estimate...

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