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AMERICAN FIDELITY F. INS. CO. v. PASTE-UPS UNLIMITED, INC.

No. 73 Civ. 617(MP).

368 F.Supp. 219 (1974)

AMERICAN FIDELITY FIRE INSURANCE COMPANY, Plaintiff, v. PASTE-UPS UNLIMITED, INC., et al., Defendants.

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

As Amended January 7, 1974.

Attorney(s) appearing for the Case

Boyle, Feller & Hirsch, New York City, for plaintiff; by Leo H. Hirsch, Jr., New York City, of counsel.

Morrison, Paul, Stillman & Beiley, New York City, for defendant Harwyn Litho, Inc.; by Charles A. Stillman and Julian W. Friedman, New York City, of counsel.

Leibowitz, Platzer & Fineberg, New York City, for defendant Paste-Ups Unlimited, Inc.; by Ephriam K. Leibowitz, New York City, of counsel.

Arkin & Horan, New York City, for defendant Trustees; by John R. Horan, New York City, of counsel.

DECISION AND OPINION

POLLACK, District Judge.

This is a federal interpleader suit arising under 28 U.S.C. § 1335 to determine the conflicting claims to the proceeds of a $50,000 certificate of deposit issued by a Florida bank to Deductible (Deductible Coverage Agency, Inc.), an insurance agency.

Deductible pledged the certificate of deposit with a New York based insurer, American (American Fidelity Fire Insurance Company) as security for the...

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