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MANUFACTURES TRUST CO. v. FORDOM TRADING CORP.

278 A.D. 633 (1951)

Manufactures Trust Company, Plaintiff, v. Fordom Trading Corp., Respondent, and Amelie Bergere, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 6, 1951.

Order affirmed, with $20 costs and disbursements.

No opinion.

Callahan, J., dissents and votes to reverse and deny the motion for summary judgment in the following memorandum:

I dissent on the ground that this action remains one in interpleader or a dispute over a fund and is not a proper case for summary judgment under rule 113 of the Rules of Civil...

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