BIGGS, Circuit Judge.
The decision of the Referee is erroneous as a matter of law. The pertinent facts follow.
From July 11 to December 28, 1956, Peter Lumber Company, the claimant, supplied materials to the bankrupt, Hempfield Homes, Inc., as contractor, for or toward the erection of two new dwelling houses on land owned by the bankrupt, Hempfield Land Corp. On January 17, 1957, Peter, as a subcontractor, served on Land Corporation...
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