
    I. Burack, Inc., on Behalf of Itself and on Behalf of All Other Persons Entitled to Share in the Funds Received by the Subcontractor, Raymar Contracting Corp., from Gelco Builders-Burjay Construction Corp., in Connection with the Improvement of Real Property Owned by the United States Government in the City of New York, Appellant, v. Simpson Factors Corporation, Respondent, et al., Defendant.
    Argued March. 11, 1965;
    decided May 20, 1965.
    
      
      Mortimer Feuer, Benjamin D. Share and Norman Kapp for appellant.
    
      Albert Foreman, M. Carl Levine, Jerrold Morgulas and Allen Ross for respondent.
    
      Hart, Hume & Engelman for Hanover Insurance Company and another, amici curice.
    
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.  