General Insurance Company of America, a Washington Corpoation v. Lamar Corporation, a Michigan Corporation, Also Known as Lamar Pipe Company

McCREE, Circuit Judge.

This appeal presents primarily the question whether under the Michigan Building Contract Fund Act of 1931, M. C.L.A. §§ 570.151-570.153, 1 money paid to a contractor performing a public project constitutes a trust fund for the payment of subcontractors and materialmen ion labor and material furnished on that project. We determine that it does not and reverse the judgment of the district court.

Defendant-appellant Lamar Corporation (Lamar), a manufacturer of cement pipe, appeals from a judgment for plaintiff-appellee General Insurance Company (General), a surety on a…