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CORRIGAN v. UNITED STATES FIRE INS. CO.

No. 73 Civ. 983.

427 F.Supp. 940 (1977)

James J. CORRIGAN, as Secretary of Engineers Union Local # 30 Trust Fund, Petitioner, v. UNITED STATES FIRE INSURANCE COMPANY, Respondent. UNITED STATES FIRE INSURANCE COMPANY, Interpleading Plaintiff, v. James J. CORRIGAN, as Secretary of Engineers Union Local # 30 Trust Fund, et al., Interpleaded Defendants.

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

March 2, 1977.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., New York City, for interpleaded defendant U.S.; Samuel J. Wilson, Asst. U.S. Atty., New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of N.Y., New York City, for interpleaded defendant N.Y. State Tax Comm'n; Carl Saks, Asst. Atty. Gen., New York City, of counsel.

Rubinton & Coleman, Brooklyn, N.Y., for claimant Bernard Benjamin; Stanley Kane, Brooklyn, N.Y., of counsel.

METZNER, District Judge.

On February 19, 1974, this court directed that the interpleading plaintiff (insurer) deposit into court the sum of $22,848, representing payment on a fire loss. The disputes as to the amount and priority of the various claims to the fund were referred to Magistrate Jacobs to take testimony and report his recommendations as to the disposition of the fund.

At the first hearing before the magistrate, it was ascertained that an additional...

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