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DINKINS v. GENERAL ANILINE & FILM CORPORATION

214 F.Supp. 281 (1963)

Philip M. DINKINS, Plaintiff, v. GENERAL ANILINE & FILM CORPORATION, Defendant.

United States District Court S. D. New York.

January 10, 1963.

Attorney(s) appearing for the Case

Barandes, Barandes, Moss & Emmett, New York City, Charles T. Emmett, Jr., New York City, of counsel, for plaintiff.

Manes, Sturim & Laufer, New York City, Arthur M. Laufer, New York City, of counsel, for defendant.

McLEAN, District Judge.

This is a motion by defendant for leave to deposit the sum of $31,004 in court. The motion is made pursuant to Rule 67 which provides that "in an action in which any part of the relief sought is a judgment for a sum of money * * * a party * * * by leave of court, may deposit with the court all or any part of such sum * * *." The question is whether a deposit is permissible in the situation disclosed by the pleadings in this action.

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