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ADMIRAL DRYWALL, INC. v. CULLEN

No. 95-1036.

56 F.3d 4 (1995)

ADMIRAL DRYWALL, INC., et al., Plaintiffs, Appellants, v. John F. CULLEN, Trustee of Vappi & Company, Inc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 8, 1995.

Attorney(s) appearing for the Case

Peter J. Gagne with whom Corwin & Corwin, Boston, MA, was on brief for appellants.

Robert Owen Resnick with whom Posternak, Blankstein & Lund, Boston, MA, was on brief for appellee.

Before BOUDIN, Circuit Judge, ALDRICH and BOWNES, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

Defendant John F. Cullen is the trustee in bankruptcy of Vappi & Co., Inc., a general contractor who defaulted after substantially completing its contract to build a condominium complex. Plaintiffs, Admiral Drywall and others, are unpaid subcontractors who furnished labor and materials, and seek to impose an equitable lien on undisbursed contract funds ahead of the trustee and all other creditors. They did not file statutory...

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