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MATTER OF STANNDCO DEVELOPERS, INC.

No. 310, Docket 75-5013.

534 F.2d 1050 (1976)

In the Matter of STANNDCO DEVELOPERS, INC., Debtor. AMADORI CONSTRUCTION CO., INC., Plaintiff-Appellant, v. George HOFFENBERG, Trustee in Reorganization of Stanndco Developers, Inc. and Travelers Indemnity Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 26, 1976.

Attorney(s) appearing for the Case

Francis X. Murphy, Buffalo, N. Y., for appellant Amadori Const. Co., Inc.

James B. Doyle, Rochester, N. Y., for appellee George Hoffenberg as Trustee in Reorganization of Stanndco Developers, Inc.

Before HAYS, TIMBERS and GURFEIN, Circuit Judges.

HAYS, Circuit Judge:

Appellant Amadori Construction Co., Inc. ("Amadori") entered into a contract with Stanndco Developers, Inc. ("Stanndco") for the rental of a backhoe for the agreed price of $13,910. Stanndco paid on account $2,410 thereby leaving a balance of $11,500 plus interest. On September 20, 1973 Amadori filed a mechanics' lien on real property owned by Stanndco in the County Clerk's Office of Monroe County, New York for the balance which was then allegedly...

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