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IN RE DUTCHER CONSTRUCTION CORPORATION

No. 41068.

197 F.Supp. 441 (1961)

In the Matter of DUTCHER CONSTRUCTION CORPORATION, Bankrupt.

United States District Court W. D. New York.

September 12, 1961.

Attorney(s) appearing for the Case

Vaughan, Brown, Kelly, Turner & Symons, Buffalo, N. Y. (Mark Turner, Buffalo, N. Y., of counsel), for petitioner Reliance Ins. Co.

Miles, Cochrane & Grosse, Buffalo, N. Y. (Raymond T. Miles, Buffalo, N. Y., of counsel), for trustee in bankruptcy.

HENDERSON, District Judge.

The Reliance Insurance Company has petitioned for the review of a decision of the Referee in Bankruptcy relegating it to the position of a general creditor on claims for losses incurred under a payment bond given pursuant to the Miller Act, 49 Stat. 793 (1935), 40 U.S.C.A. § 270a (1958).

The Miller Act is the most recent of a series of acts designed to protect laborers and materialmen working on government projects by requiring...

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