KENNEDY, TREASURER OF ARIZONA, ET AL.

v.

POWELL, TRUSTEE IN BANKRUPTCY

Citator

Cited By

• In re Lockard v. Lockard, 884 F.2d 1171 (9th Cir. 1989)
  …l, 366 F. 2d 346 (9th Cir.1966) (cash deposited with state treasurer by contractor who later went bankrupt, as condition precedent to state’s granting of a contractor’s license, was “property” within meaning of former 11 U.S.C. § 110), cert. denied, 386 U.S. 910, 87 S.Ct. 858, 17 L.Ed.2d 783 (1967). As O’Malley contends, there are cogent reasons for retaining the cash deposit/surety bond distinction for purposes of bankruptcy law. In the case of a cash deposit, the contractor puts up his own property to gu…
• Butler v. Pac. Nat'l Ins. Co., 375 F.2d 518 (9th Cir. 1967)
  …shton, as a materialman, would have been entitled to a priority against the retained funds, and Pacific, as surety, is subrogated to that priority. The recent decision of this court in Kennedy v. Powell, 366 F. 2d 346 (9th Cir. 1966), cert. denied, 386 U.S. 910, 87 S.Ct. 858, 17 L.Ed.2d 783 (U.S. Feb. 13, 1967), is clearly in point here. There the contractor had made a cash deposit with the State of Arizona under Ariz.Rev.Stat. § 32-1152 (1965) Supp.) to obtain a license to perform contracting services. Wh…