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FIRST NAT. BANK OF NORFOLK v. NORFOLK & WEST. RY. CO.

Civ. A. Nos. 812-70-N-814-70-N.

327 F.Supp. 196 (1971)

FIRST NATIONAL BANK OF NORFOLK, Plaintiff, v. NORFOLK AND WESTERN RAILWAY CO., et al., Defendants (three cases).

United States District Court, E. D. Virginia, Norfolk Division.

May 20, 1971.

Attorney(s) appearing for the Case

Rixey & Rixey, Frederick M. Quayle, Norfolk, Va., for plaintiff.

Williams, Worrell, Kelly & Worthington, Robert H. Powell, III, Norfolk, Va., for Norfolk and W. Ry. Co.

C. J. Grogan, Dept. of Justice, Tax Div., Washington, D. C., and James A. Oast, Jr., Asst. U. S. Atty., Norfolk, Va., for United States.

JUDGMENT

KELLAM, District Judge.

These actions began as garnishment proceedings in the Civil Court of the City of Norfolk, but were removed to this Court by the United States pursuant to 28 U.S.C. § 1441 and related sections. The garnishee, Norfolk and Western Railway Co., interpleaded the sum of $7042.14, which it owed to Delva, Inc., the judgment debtor, because both the United States and the First National Bank of Norfolk asserted claims to the money...

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