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RELIABLE MARINE BOILER REPAIR, INC. v. SUM OF $35,000.00

No. 67 Civ. 1066.

270 F.Supp. 1017 (1967)

RELIABLE MARINE BOILER REPAIR, INC., Plaintiff, v. The SUM OF $35,000.00, in the possession of Frank B. Hall & Co., Inc., RELIABLE MARINE BOILER REPAIR, INC., Plaintiff, v. FRANK B. HALL & CO., Inc., Defendant, The Mastan Company, Incorporated, Claimant.

United States District Court S. D. New York.

July 12, 1967.

Attorney(s) appearing for the Case

Harry D. Graham, New York City, for plaintiff.

Zock, Petrie, Sheneman & Reid, New York City, George D. Byrnes, New York City, of counsel, for claimant.

MEMORANDUM

FRANKEL, District Judge.

The plaintiff, invoking, without statutory citation, the court's jurisdiction "founded upon the admiralty and maritime nature and character" of its claim, filed its complaint "in rem and in personam" against Frank B. Hall & Co., Inc., an insurance broker and average adjuster with offices in New York City, and assertedly against a sum of $35,000 being held by the defendant...

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