BLACK, J.
Defendant-appellee has fairly stated the controlling question:
"Where a defendant-contractor (1) has received payment for work performed under a contract, and, while the funds were still in hand, but before the payment of all materialmen, (2) filed a voluntary petition in bankruptcy, (3) delivered those funds to the trustee in bankruptcy pursuant to the bankruptcy act (11 USC, § 110, et seq.) and (4) was subsequently discharged in bankruptcy...
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