District Court, D. Minnesota June 12, 1972, 4-71 Civ. 463 (American Cast Iron Pipe Co. v. Statesman Insurance Co.)

NEVILLE, District Judge.

The question presented here is: May a materialman who supplied pipe to a now bankrupt general contractor, and whose surety on its contractor’s bond, i. e., Home Owners Insurance Company of Illinois, also is insolvent and the subject of a receivership in the state court of Illinois, prosecute its claim for $146,166.