LAWRENCE v. UNITED STATES

No. 22573.

378 F.2d 452 (1967)

G. E. LAWRENCE as Trustee in Bankruptcy of Commercial Engineering & Manufacturing Company, Inc., Bankrupt, and First National Bank in Grand Prairie, Texas, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 9, 1967.


Attorney(s) appearing for the Case

Jay W. Ungerman, Ungerman, Hill, Ungerman & Angrist, Dallas, Tex., Mehl & Williams, Fort Worth, Tex., for appellant, G. E. Lawrence.

Walter A. Cober, Grand Prairie, Tex., Donna Meagher Easterling, Cober & Easterling, Grand Prairie, Tex., for appellants.

Mitchell Rogovin, Asst. Atty. Gen., John B. Jones, Jr., Act. Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., Kenneth J. Mighell, Asst. U. S. Atty., Melvin M. Diggs, U. S. Atty., for appellee.

Before BROWN, COLEMAN and AINSWORTH, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

Possession may be nine points in the law. And at times with a bank's favored right of setoff, it may turn out to be nine and one-half or even ten. But it did not work below, nor does it here, in this contest over a special bank account established by the Government to finance the contractor in the performance of a contract for the Air Force. As did the trial Court, we view the question of contract interpretation as one of law, not fact...

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