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MATTER OF WILTSE BROTHERS CORPORATION

No. 16302.

357 F.2d 190 (1966)

In the Matter of WILTSE BROTHERS CORPORATION, Bankrupt. BARTON-MALOW COMPANY, Respondent-Appellant, v. William H. DEMPSTER, Trustee, Petitioner-Appellee.

United States Court of Appeals Sixth Circuit.

February 18, 1966.

Attorney(s) appearing for the Case

Howell Van Auken, Detroit, Mich., for appellant, Lucking, Van Auken & Miller, Detroit, Mich., on the brief.

Milton Roberts and Joseph S. Radom, Detroit, Mich., for appellee, Janet E. Kinnane, Bay City, Mich., on the brief.

Before EDWARDS and CELEBREZZE, Circuit Judges, and KENT, District Judge.

CELEBREZZE, Circuit Judge.

Wiltse Brothers Corporation, hereinafter referred to as bankrupt, was engaged in the business of fabricating and manufacturing machinery in the State of Michigan. On September 11, 1961, bankrupt, as subcontractor, obtained an order from Appellant, Barton-Malow Company, hereinafter referred to as Barton-Malow, to furnish steel for the construction of a kiln for Huron Portland Cement Company. Barton-Malow, as prime contractor, was to pay bankrupt...

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