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IN RE F. H. McGRAW & COMPANY

No. 71-1900.

473 F.2d 465 (1973)

In the Matter of F. H. McGRAW & COMPANY, Bankrupt. Appeal of FELLOWS CORPORATION, Claimant.

United States Court of Appeals, Third Circuit.

Decided February 9, 1973.

Attorney(s) appearing for the Case

John W. Fawcett, III, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellant.

Nathan Lavine, Philadelphia, Pa., for appellee.

Before ALDISERT, ADAMS, and GIBBONS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal from the district court's affirmance of an order of the referee in bankruptcy disallowing appellant's proof of claim, presents the question whether the referee erred in concluding that his order constituted a binding release of a subsequent claim.

F. H. McGraw & Co., general contractor for the construction of a five million dollar manufacturing plant for Fellows Corp. in Springfield, Vermont...

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