Legal Opinion

In the Matter of Midwest Engineering Co., Inc., Bankrupt. Owen J. Redmond, Jr., Trustee v. East Side National Bank of Wichita

Court of Appeals for the Tenth Circuit

Decided May 11, 1970No. 526-69Published

1Opinion of the Court

MURRAH, Chief Judge.

This appeal involves the conflicting claims of a bank and a bankrupt corporation’s trustee to money due the bankrupt corporation under a construction subcontract. The question before us is whether East Side National Bank holds a perfected security interest in the contractual payments; if so it is entitled to priority over the corporation’s bankruptcy trustee under Section 70(c) of the Bankruptcy Act, 11 U.S.C. § 110(c).

In January of 1965, C. V. Hickman, doing business as Midwest Engineering Company, received a construction subcontract from Snodgrass & Sons Construction…

2Cases cited3 opinions

  1. L. E. Scott v. Allan H. Stocker, Trustee in Bankruptcy for William Harvey Smith, a Sole Trader, D/B/A Smith Office Supply, a BankruptCourt of Appeals for the Tenth Circuit · 1967
  2. In the Matter of Kokomo Times Pub. and Printing Corp.District Court, S.D. Indiana · 1968
  3. Joseph F. Lynch, Trustee in Bankruptcy of the Estate of Joseph F. Tilley and Nancy M. Tilley v. The County Trust CompanyCourt of Appeals for the Second Circuit · 1968

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