Jackson v. Flohr

227 F.2d 607 A. J. JACKSON, as Trustee in Bankruptcy of Dale R. Peterson & Co., Inc., Appellant, v. E. Firmin FLOHR, Edward W. Flohr, and L. Carlos Flohr, doing business as Flohr & Co., Metal Fabricators, Appellees. No. 14293. United States Court of Appeals Ninth Circuit. June 23, 1955. Rehearing Denied September 26, 1955. Writ of Certiorari Denied January 16, 1956. See 76 S.Ct. 322 . Willard Hatch, Arthur S. Quigley, Croson, Johnson & Wheelon, Seattle, Wash., for appellant. Holman, Mickelwait, Marion, Black & Perkins, Lucien F. Marion, William M. Holman, Seattle, Wash., for appellees. Before BONE, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 Jackson, Trustee for Dale R. Peterson & Co., Inc., a bankrupt building contractor, sought in this cause in a United States District Court to recover under Washington statutes moneys previously received by the Flohrs, metal fabricators and subcontractors, who had furnished labor and materials on two jobs for which the Peterson company was the general contractor. 2 The Trustee chose to ground his attack upon the Flohrs under 11 U.S.C.A. § 110 , sub. e(1), which gives a trustee the right to recover…