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GIRALDO v. ROSEN

No. 72 Civ. 3263.

355 F.Supp. 54 (1973)

Albert GIRALDO and Frank Schonfeld, as Trustee of District Council No. 9 Staff Pension Plan, Plaintiffs, v. Samuel ROSEN et al., Defendants.

United States District Court, S. D. New York.

January 23, 1973.

Attorney(s) appearing for the Case

Easton & Echtman, New York City, for plaintiffs; Henry J. Easton, New York City, of counsel.

Michael F. Dennis and Nierenberg, Zeif & Weinstein, New York City, for defendants Rosen, Reese, Savarese, Levy and Penza; Michael F. Dennis, Saul I. Weinstein, New York City, of counsel.

Szold, Brandwen, Meyers & Altman, New York City, for defendant Amalgamated Bank of N. Y.; Arthur Gussaroff, New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

This is a motion by plaintiffs for a preliminary injunction pursuant to Rule 65, Fed.R.Civ.P., restraining defendant trustees from paying legal fees due in another action with funds of a certain trust, and restraining defendant Amalgamated Bank of New York from honoring checks drawn on the account of the trust. Defendant trustees have moved for an order pursuant to Rule 12(b), Fed.R.Civ.P. to dismiss the complaint...

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