Joseph Scaduto v. Anthony J. Orlando, D/B/A A. J. Orlando Contracting Co.

ANDERSON, Circuit Judge:

The circumstances out of which this controversy arose are set out in the opinion of this court in the first appeal and will not be repeated here. 340 F.2d 293 (2 Cir.), cert, denied 380 U.S. 978, 85 S.Ct. 1341, 14 L.Ed.2d 272 (1965). Two of the issues raised on the first appeal were disposed of in our prior decision and are not before us on this second appeal. We held that Scaduto 1 had no duty to construct embankments; we also held that Orlando had no right to retain $75,000 to pay Scaduto’s creditors or to indemnify himself against claims made by Scaduto’s creditors…