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IN RE FAGO CONSTRUCTION CORPORATION

No. 36963.

162 F.Supp. 238 (1957)

In the Matter of FAGO CONSTRUCTION CORPORATION, Bankrupt.

United States District Court W. D. New York.

November 18, 1957.

Attorney(s) appearing for the Case

William R. Emblidge and Edward H. Wolkind, Buffalo, N. Y., for trustee.

Brown, Kelly, Turner & Symons, Buffalo, N. Y. (Mark N. Turner, Buffalo, N. Y., of counsel), for Massachusetts Bonding & Ins. Co.

John O. Henderson, U. S. Atty., for Western District of New York, Buffalo, N. Y. (John C. Broughton, Asst. U. S. Atty., Buffalo, N. Y., of counsel) for the United States.

Jacob K. Javits, Atty. Gen., of the State of New York (Matthew A. Tiffany and Michael P. Geraci, Asst. Attys. Gen., of counsel), for the People.

Hyman Karnofsky, Buffalo, N. Y., for bankrupt.

MORGAN, District Judge.

This matter is before the District Court on three distinct petitions by the United States, the State of New York and the Massachusetts Bonding & Insurance Company, each appealing from a decision of the Referee in Bankruptcy, the Hon. James R. Privitera, dated September 12, 1956.

On or about May 15, 1947, the Fago Construction Corporation, hereinafter referred to as the corporation, entered into a flood control contract with the...

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