N. W. DAY SUPPLY COMPANY v. VALENTI

No. 6465.

343 F.2d 756 (1965)

N. W. DAY SUPPLY COMPANY, Petitioner, Appellant, v. Samuel VALENTI, Trustee, Appellee. In the Matter of BAY STATE AIR CONDITIONING CORPORATION, Bankrupt.

United States Court of Appeals First Circuit.

Decided April 9, 1965.


Attorney(s) appearing for the Case

Mark C. Yellin, Hartford, Conn., with whom Robert B. Basine, Hartford, Conn., was on brief, for appellant.

Richard Braverman, Boston, Mass., with whom Robert Robinson, Boston, Mass., was on brief, for appellee.

Before ALDRICH, Chief Judge, and MARIS and BURGER, Circuit Judges.


PER CURIAM.

Massachusetts General Laws, Chapter 254, Section 31 (1961 Stat. ch. 530) in terms causes a lien to arise in favor of materialmen upon the adjudication in bankruptcy of certain contractors. The Bankruptcy court refused to recognize any lien; the District Court affirmed, and this appeal followed.

This is not a case, as appellant argues, of a right to perfect, after bankruptcy, a lien previously initiated or created, cf. Bankr.Act, § 67, sub...

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