UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA
September 30, 1958
UNITED STATES of America for the use of T. Wray GREER, Trustee in Bankruptcy of the Estate of William C. D'Alessandro, Plaintiff,
G.P. FLEETWOOD AND COMPANY, Inc., and American Casualty Company of Reading, Pennsylvania, Defendants
The opinion of the court was delivered by: GOURLEY
This is a petition on the part of Continental Casualty Company for leave to intervene as plaintiff.
The original parties to the action stipulate and agree that the defendants owe to the plaintiff the amount of $ 3,069.87. By order September 3, 1958 and with the consent and stipulation of all the parties, including the instant petitioner, the court approved the payment of said amount into the registry of the court, and exonerated and released the defendants of all liability.
In order to evaluate the legal question posed by the petition to intervene, it is necessary to make reference to the facts in some detail.
Fleetwood entered into a contract to construct a water system and surface draining site for the government, and executed a performance bond with the American Casualty Company as surety. Fleetwood executed a written subcontract with D'Alessandro, the Bankrupt. and the Bankrupt executed a performance bond in favor of Fleetwood with the Continental Casualty Company as surety. D'Alessandro, the Bankrupt, entered into an oral contract with John Benkart & Sons to perform part of the work pursuant to its subcontract. By reason of financial involvments the Bankrupt was unable to complete its contract with Fleetwood and did not make payment to John Benkart & Sons for services rendered to the Bankrupt. In view of the inability of the Bankrupt to complete in contract with Fleetwood, Fleetwood performed the remaining obligation to the government and after deducting the cost thereof, there remained due and owing by Fleetwood to the Bankrupt the amount of $ 3,069.87.
The chronology of events affecting D'Alessandro, after his inability to perform the subcontract with Fleetwood, was as follows:
Adjudicated a Bankrupt February 6, 1957
Receiver Appointed February 20, 1957
Attorney for Receiver
Appointed March 5, 1957
First Creditors' Meeting March 13, 1957
Trustee Appointed March 13, 1957
Attorney for Trustee
Appointed March 13, 1957
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