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FIBERGLASS SPECIALTY CO., INC. v. BOR-SON CONST.

No. 81-1647.

678 F.2d 78 (1982)

In re FIBERGLASS SPECIALTY CO., INC., Appellee, v. BOR-SON CONSTRUCTION, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1982.

Rehearing and Rehearing Denied June 21, 1982.

Attorney(s) appearing for the Case

Jonathan H. Morgan, David J. Allen, David C. McDonald, Briggs & Morgan, St. Paul, Minn., for appellant Bor-Son Const., Inc.

Richard J. Gabriel, Kueppers, Kueppers, Von Feldt & Salmen, St. Paul, Minn., for appellee Fiberglass Specialty Co., Inc.

Before LAY, Chief Judge, and HENLEY and ARNOLD, Circuit Judges.

LAY, Chief Judge.

At issue in this appeal is the bankruptcy court's jurisdiction to adjudicate the respective rights of a bankrupt subcontractor and a general contractor in money retained by the general contractor under their subcontract.

On June 29, 1975, Fiberglass Specialty Co. entered into an agreement to design, manufacture, and install tank covers on a water pollution control facility being built in Estherville, Iowa, by Bor-Son Construction, Inc. Thereafter...

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