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S. & E. BUILDING MATERIALS CO. v. JOSEPH P. DAY, INC.

Civ. No. 60-C-532.

188 F.Supp. 742 (1960)

S. & E. BUILDING MATERIALS CO., Inc., Plaintiff, v. JOSEPH P. DAY, INC. (1), Seacoast Towers "A", Inc. (2), Albion Isthmus Corp. (3), Springfield Fire and Marine Insurance Company (4), Joseph A. Palladino (5), Boro Electric Installation, Inc. (6), and Carlson Hoist & Machine Co., Inc., Defendants. SEACOAST TOWERS "A", INC., and Albion Isthmus Corp., Defendants and Interpleading Plaintiffs, v. UNITED STATES of America and People of the State of New York, Interpleaded Defendants.

United States District Court E. D. New York.

October 31, 1960.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Richard S. Harrell, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for the United States.

Rubin, Baum & Levin, New York City, for Albion Isthmus Corp., et al., defendants and interpleading plaintiffs; Irving Constant, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, Samuel Stern, Asst. Atty. Gen., of counsel, for People of State of New York.

ZAVATT, District Judge.

This is an action to foreclose a mechanic's lien that has been removed to this court by the United States, an interpleaded defendant in the State court action. The facts are as follows:

Albion Isthmus Corp. ("Albion") is the general contractor of a private construction project. Palladino is one of its subcontractors to whom the plaintiff furnished materials for the project. The plaintiff filed a mechanic's lien in the sum of approximately...

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