BIRD v. PAN WESTERN CORP.

No. 76-250.

546 S.W.2d 417 (1977)

Allen W. BIRD, II, Trustee, Appellant, v. PAN WESTERN CORPORATION et al., Appellees.

Supreme Court of Arkansas, Division 2.

February 14, 1977.


Attorney(s) appearing for the Case

Rose, Nash, Williamson, Carroll, Clay & Giroir, Little Rock, for appellant.

Smith, Williams, Friday, Eldredge & Clark by Overton S. Anderson, Little Rock, for appellees.


FOGLEMAN, Justice.

Appellant is the trustee in bankruptcy for C. E. "Red" Higginbotham, Inc. who executed a document entitled "SUBCONTRACT AGREEMENT" with appellees, Pan Western Corporation, as "Contractor," for heating and air conditioning of Phase I of Raintree Apartments in Little Rock. After the Higginbotham corporation had, from its viewpoint, completed the job, it filed a voluntary petition in bankruptcy. Appellant then served notice of intent to file a materialman...

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