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HERNANDEZ v. FIRST NAT. BANK & TRUST CO. OF YONKERS

27 F.Supp. 874 (1939)

HERNANDEZ v. FIRST NAT. BANK & TRUST CO. OF YONKERS et al.

District Court, S. D. New York.

June 2, 1939.

Attorney(s) appearing for the Case

Prime Bros. & Duffy, of Yonkers, N. Y., for plaintiff.

Benjamin W. Moore, of Yonkers, N. Y. (Benjamin W. Moore and Milton L. Romm, both of Yonkers, N. Y., of counsel), for defendant First National Bank & Trust Co. of Yonkers.

Leonard G. McAneny, Corp. Counsel, of Yonkers, N. Y. (Leonard G. McAneny, Morris L. Rosenwasser, and Harold T. Garrity, all of Yonkers, N. Y., of counsel), for defendant Board of Education of City of Yonkers.

GALSTON, District Judge.

An action somewhat unusual in nature is brought by the plaintiff in the effort to secure payment for labor and materials which he supplied as a sub-contractor in connection with the construction of the Longfellow Junior High School in Yonkers, New York. A contract for the construction of that school was entered into on February 15, 1929, between the contractor, Kenneth McKay & Co., Inc., and the Board of Education of the City of Yonkers...

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