American Surety Company of New York v. Oscar Hinds, Trustee, Matter of Mile High Plumbing & Heating Company, Bankrupt

LEWIS, Circuit Judge.

By motion filed in the bankruptcy proceedings of the Mile High Plumbing & Heating Company 1 the appellant, American Surety Company of New York, 2 sought an order requiring the Trustee in Bankruptcy to turn over to appellant monies received by the Trustee from the United States for work done by the bankrupt and the Trustee under a contract coming within the purview of the Miller Act, 40 U.S.C.A. §§ 270a-270d. Appellant’s motion was denied by the referee and this appeal followed the affirmance of the referee by the District Court for the District of Colorado.

In 1952, the…