Tucson House Construction Company v. Fulford

378 F.2d 734 TUCSON HOUSE CONSTRUCTION COMPANY and Robert E. McKee General Contractor, Inc., Appellants. v. Walter E. FULFORD, as Trustee in Bankruptcy of Fike Plumbing & Heating Co., Inc., Appellee. No. 21184. United States Court of Appeals Ninth Circuit. May 11, 1967. 1 William F. Haug, T. Patrick Flood, Jennings, Strouss, Salmon & Trask, Phoenix, Ariz., for appellants. 2 Henry Jacobowitz, Phoenix, Ariz., for appellee. 3 Before JERTBERG and MERRILL, Circuit Judges, and MATHES, District Judge. MATHES, District Judge: 4 Tucson House Construction Company and Robert E. McKee General Contractor, Inc., hereafter called McKee, appeal from an order of the District Court confirming the referee's order, made in the exercise of consented-to summary jurisdiction, directing appellants to turn over $55,446.13 to the trustee in bankruptcy of Fike Plumbing & Heating Co., Inc., hereafter called Fike. 5 Appellants' principal contentions here is that the turnover order was erroneous because McKee was entitled, pursuant to § 68 of the Bankruptcy Act [ 11 U.S.C. § 108 ], to set off certain subrogated claims against bankrupt Fike under one subcontract against McKee's…