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GENERAL INSURANCE CO. OF AMERICA v. LAMAR CORPORATION

No. 72-1789.

482 F.2d 856 (1973)

GENERAL INSURANCE COMPANY OF AMERICA, a Washington corporation, Plaintiff-Appellee, v. LAMAR CORPORATION, a Michigan corporation, also known as Lamar Pipe Company, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 31, 1973.

Attorney(s) appearing for the Case

William E. Rheaume, Lansing, Mich., for appellant; Abood, Abood & Abood, Lansing, Mich., on brief for Lamar Corp.

Stephen C. Bransdorfer, Grand Rapids, Mich., for Concrete Pipe Assn. of Michigan as amicus curiae; Miller, Johnson, Snell & Cummiskey, Grand Rapids, Mich., on brief, amicus curiae, for Concrete Pipe Assn. of Michigan, Inc.

John A. Kruse, Detroit, Mich., for appellee; Harvey, Kruse & Weston, Detroit, Mich., on brief for General Ins. Co. of America.

Before WEICK, McCREE, and KENT, Circuit Judges.

McCREE, Circuit Judge.

This appeal presents primarily the question whether under the Michigan Building Contract Fund Act of 1931, M. C.L.A. §§ 570.151-570.153,1 money paid to a contractor performing a public project constitutes a trust fund for the payment of subcontractors and materialmen for labor and material furnished on that project. We determine that it does not and reverse the...

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