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GEVYN CONSTR. CORP. v. AFFILIATED ENGRS.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


April 25, 1974

GEVYN CONSTRUCTION CORP., and the Travelers Indemnity Company, Plaintiffs,
v.
AFFILIATED ENGINEERS, INC., et al., Defendants

Snyder, District Judge.

The opinion of the court was delivered by: SNYDER

SNYDER, District Judge.

This is an interpleader proceeding instituted by Gevyn Construction Corporation (Gevyn) and The Travelers Indemnity Company (Travelers). The problem presently before the Court involves a determination of the priority of liens. On October 9, 1973, this Court entered an Order allowing the Interpleader, directing the deposit of funds into the Registry of the Court, and providing that the claims against the Plaintiffs and the Surety Bond be discharged. Pursuant to this Order, $106,886.50 was paid into the Registry of the Court. When the Complaint was filed, there were six parties designated as Defendants who alleged adverse claims to the Fund. These were: AMOUNT CLAIMANT CLAIMED Commercial Bank & Trust Company Entire Fund Commonwealth of Penn- sylvania $9,048.61 Concrete Accessories Cor- poration $2,108.16 Knickerbocker Russell Com- pany $2,282.55 Laborers' Dist. Council of W. Pa. $6,564.64 Linco Supply Company $17,013.79 Total Claims other than Commercial Bank $37,017.75

19740425

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