Ritchey v. Southern Gem Coal Corp.

LINDLEY, District Judge.

The intervening petitioner seeks to reclaim as against the bondholders secured by subsequent mortgage, the tipple, structure, refuse bin, and machinery furnished and erected by it at the mine of the Southern Gem Coal Corporation. It prays in the alternative for the assumption by the receiver of the balance due of approximately $5,000.

On July 8,1922, petitioner contracted in writing with the coal corporation to furnish the machinery and material covered by the specifications and to erect the improvement upon the premises of the coal corporation. The specifications…