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ROHM & HASS TEX. INC. v. ORTIZ BROS. INSULATION, INC.

No. 93-2718 Summary Calendar.

32 F.3d 205 (1994)

ROHM & HASS TEXAS, INC., Plaintiff-Counter Defendant-Appellee, v. ORTIZ BROTHERS INSULATION, INC., et al., Defendants, Ortiz Brothers Insulation, Inc., Defendant-Counter Plaintiff-Cross Plaintiff-Appellant. UNITED STATES of America, Defendant-Counter Plaintiff, v. THORPE PRODUCTS CO., Defendant-Counter Defendant-Cross Defendant-Appellee, and Metrobank, N.A., Intervenor-Defendant Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 1994.

Attorney(s) appearing for the Case

Stephen E. Menn, Houston, TX, pro hac vice, for Ortiz Bros.

David E. Arnold, Pohl, Bennett & Matthews, Houston, TX, for Rohm & Haas.

Robert William Blair, Bellaire, TX, pro hac vice, for Thorpe Products Co.

Kevin M. McCormick, Houston, TX, for Metrobank.

Before JOLLY, WIENER and EMILIO M. GARZA, Circuit Judges.

WIENER, Circuit Judge:

In this appeal from an interpleader action, Defendant-Appellant Ortiz Brothers Insulation, Inc. ("Ortiz") seeks review of the district court's determination of the priority of payment to defendants from the interpleaded funds (the "Fund"). Although Ortiz itself continues to disavow any stake in the Fund, it urges that it was injured financially by the priority determined by the district court for distributing shares in the Fund to Ortiz's creditors...

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