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LERNER v. UNITED STATES

No. 85 Civ. 6091 (CHT).

637 F.Supp. 679 (1986)

Micheline LERNER, Plaintiff, v. UNITED STATES of America, Viking Penguin, Inc., Nina Bushkin Lerner, and Alan J. Lerner, Defendants.

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

June 4, 1986.

Attorney(s) appearing for the Case

Raoul Felder & Lerner, New York City, for plaintiff Micheline Lerner; Myrna Felder, of counsel.

Rudolph W. Giuliani, U.S. Atty. for S.D. N.Y., New York City, for the Government; Jordan Stanzler, of counsel.

Frankfurt, Garbus, Klein & Selz, P.C., New York City, for defendant Viking Penguin, Inc.; Gerald E. Singleton, of counsel.

Cohen, Grossberg & Zinkin, New York City, for defendant Alan Jay Lerner; Davis Grossberg, of counsel.

OPINION

TENNEY, District Judge.

This is an interpleader action brought by the plaintiff, Micheline Lerner, in order to determine the rights of the various parties to ownership of a fund she has collected. The matter concerns conflicting claims of priority between the plaintiff and the defendants other than Alan Jay Lerner. Two of the defendants, Viking Penguin, Inc. ("Viking") and the United States of America ("Government"), now move for summary judgment...

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