IN RE MIDWEST ENGINEERING CO.

No. 526-69.

425 F.2d 820 (1970)

In the Matter of MIDWEST ENGINEERING CO., Inc., Bankrupt. Owen J. REDMOND, Jr., Trustee, Appellant, v. EAST SIDE NATIONAL BANK OF WICHITA, Appellee.

United States Court of Appeals, Tenth Circuit.

May 11, 1970.


Attorney(s) appearing for the Case

Fred Hinkle, Wichita, Kan. (Frank W. Hylton, Wichita, Kan., with him on the brief), for appellant.

William Porter, Wichita, Kan., for appellee.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.


MURRAH, Chief Judge.

This appeal involves the conflicting claims of a bank and a bankrupt corporation's trustee to money due the bankrupt corporation under a construction subcontract. The question before us is whether East Side National Bank holds a perfected security interest in the contractual payments; if so it is entitled to priority over the corporation's bankruptcy trustee under Section 70(c) of the Bankruptcy Act, 11 U.S.C. § 110(c).

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