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SECURITY TRUST CO. v. WOODWARD

Civ. 39-63.

73 F.Supp. 667 (1947)

SECURITY TRUST CO. OF ROCHESTER, NEW YORK, v. WOODWARD et al.

District Court, S. D. New York.

May 20, 1947.

Attorney(s) appearing for the Case

Harris, Beach, Keating, Wilcox & Dale, of Rochester, N. Y. (Frederick T. Pierson, of Rochester, N. Y., of counsel), for plaintiff.

Skivington & Skivington, of Rochester, N. Y., for defendant Orator Frank Woodward.

Cahill, Cordon, Zachry & Reindel, of New York City (Paul W. Williams and Robert M. Bozeman, both of New York City, of counsel), for defendant Mary Trask Woodward.

BRIGHT, District Judge.

On November 27, 1946, plaintiff filed its complaint under section 41(26) of the Judicial Code, 28 U.S.C.A. in which it demands judgment, (1) that each defendant be restrained from instituting action against it for the recovery of a portion of the trust income payable by plaintiff as trustee under a voluntary trust to it by the defendant Orator Frank Woodward on February 9, 1928; and (2) that defendants interplead and settle between themselves...

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