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  5. 747 F.Supp. 1014 (1990)
 

U.S. v. A & N CLEANERS & LAUNDERERS, INC.

No. 89 Civ. 6865 (RWS).

747 F.Supp. 1014 (1990)

UNITED STATES of America, Plaintiff, v. A & N CLEANERS & LAUNDERERS, INC., Ben Forcucci, Marine Midland Bank, N.A., Jordan W. Berkman, John A. Petrillo, Joseph Curto and Mario Curto, Defendants. MARINE MIDLAND BANK, N.A., Third-Party Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, St. Paul Mercury Insurance Company, Utica Mutual Insurance Company, The North River Insurance Company, United States Fire Insurance Company, Third-Party Defendants.

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

September 20, 1990.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Robert E. Glanville, of counsel), Buffalo, N.Y., for third-party plaintiff Marine Midland Bank, N.A.

James S. Rowen, New York City, for third-party defendant Utica Mutual Ins. Co.

OPINION

SWEET, District Judge.

Third-party defendant Utica Mutual Insurance Company ("Utica") has moved to dismiss the third-party claim of third-party plaintiff Marine Midland Bank, N.A. ("the Bank") for lack of subject matter jurisdiction.1 Because the claim falls within the court's pendent party jurisdiction, the motion is denied.

The Facts

The United States filed the underlying complaint on October...

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