Perry v. Wood

BRYAN, Circuit Judge.

This is an appeal from an order of the district judge setting aside an order of a referee in bankruptcy and declining to interfere with a suit in a state court to enforce liens upon a pipe line for labor and material.

The Gregg Construction Company contracted with the Texas Pipe Line Company to construct about forty-three miles of pipe line. A clause of the construction contract required the contractor to settle all claims for labor and material, and in the event of its failure to do so provided that the owner, the pipe line company, should have the right to settle such…