In re L. H. Duncan & Sons

SCHOONMAKER, District Judge.

This case comes before the court on petition of the Maryland Casualty Company, surety on the bond of bankrupt, who contracted with the Commonwealth of Pennsylvania to build a section of highway in Jefferson County, Pennsylvania, and who completed its contract with the Commonwealth before bankruptcy, to review a distribution order of the Referee.

At the time of bankruptcy, there were funds due the bankrupt on this contract from the Commonwealth of Pennsylvania, which were claimed both by the trustee in bankruptcy and the Maryland Casualty Company. On stipulation of…