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IN RE DUTCHER CONSTRUCTION CORPORATION

No. 265, Docket 30809.

378 F.2d 866 (1967)

In the Matter of DUTCHER CONSTRUCTION CORPORATION, Bankrupt.

United States Court of Appeals Second Circuit.

Decided June 14, 1967.

Attorney(s) appearing for the Case

Raymond T. Miles, Buffalo, N. Y., for appellant, Chester A. Pearlman, Trustee in Bankruptcy of Dutcher Construction Corporation, Bankrupt.

Mark Turner, Buffalo, N. Y. (Brown, Kelly, Turner, Hassett & Leach, Buffalo, N. Y., on the brief), for respondent, Reliance Insurance Company.

Before MOORE and FRIENDLY, Circuit Judges, and BRYAN, District Judge.

MOORE, Circuit Judge:

Appellant, Chester A. Pearlman (hereinafter, Trustee), is the Trustee in Bankruptcy of Dutcher Construction Corporation (Dutcher) which was adjudicated a bankrupt on August 30, 1956. Appellee, Reliance Insurance Company (Reliance) is an insurance corporation organized under the laws of Pennsylvania.

On April 13, 1955, Dutcher contracted with the United States of America, Corps of Engineers, to perform construction work relating to the...

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