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OTTE v. FRANKLIN NATIONAL BANK OF FRANKLIN SQUARE

Civ. A. Nos. 18608, 18826.

179 F.Supp. 381 (1959)

William OTTE, as Trustee in Bankruptcy of Personal Typewriter Co., Inc., Plaintiff, v. FRANKLIN NATIONAL BANK OF FRANKLIN SQUARE, N. Y., Commercial State Bank & Trust Company of New York, Murray J. Levy and Robert Siegel, Defendants. FRANKLIN NATIONAL BANK OF LONG ISLAND, Third-Party Plaintiff, v. FUNDS FOR BUSINESS, INC., Third-Party Defendant.

United States District Court E. D. New York.

December 29, 1959.

Attorney(s) appearing for the Case

Jacob F. Gottesman, New York City, for plaintiff.

Maurice, McNamee & White, New York City, for defendant and third-party plaintiff, Franklin Nat. Bank, Stewart Maurice, New York City, of counsel.

Livingston, Livingston & Harris, New York City, for Commercial State Bank & Trust Co., David Haar and Charles Raskin, New York City, of counsel.

Harold Simon, New York City, for defendants Murray J. Levy and Robert Siegel.

Delson, Levin & Gordon, New York City, for third-party defendant, Funds for Business, Inc., Harry T. Kirp, New York City, of counsel.

BYERS, District Judge.

These cases were consolidated for trial (Pre-Trial Order, May 14, 1959) which proceeded on October 21, 22 and 23. Final briefs were filed on November 17, 1959.

The court has not been provided with the minutes of the trial. There are eleven so-called briefs and memoranda before the court, none of which contains a concise chronological statement of all the facts.

In the first action (complaint filed April 4, 1958) the trustee seeks...

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