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PEARLMAN v. RELIANCE INS. CO.

No. 78.

371 U.S. 132 (1962)

83 S.Ct. 232

9 L.Ed.2d 190

PEARLMAN, TRUSTEE IN BANKRUPTCY, v. RELIANCE INSURANCE CO.

Supreme Court of United States.

Decided December 3, 1962.

Attorney(s) appearing for the Case

Raymond T. Miles argued the cause for petitioner. With him on the briefs was Lowell Grosse.

Mark N. Turner argued the cause and filed briefs for respondent.

John G. Street, Jr. and Edward M. Murphy filed briefs as amici curiae, urging reversal.

David Morgulas filed a brief for the Association of Casualty & Surety Companies, as amicus curiae, urging affirmance.

MR. JUSTICE BLACK delivered the opinion of the Court.

This is a dispute between the trustee in bankruptcy of a government contractor and the contractor's payment bond surety over which has the superior right and title to a fund withheld by the Government out of earnings due the contractor.

The petitioner, Pearlman, is trustee of the bankrupt estate of the Dutcher Construction Corporation, which in April 1955 entered into a contract with the United States to...

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