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F. H. McGRAW & CO. v. MILCOR STEEL CO.

No. 147.

149 F.2d 301 (1945)

F. H. McGRAW & CO., Inc., v. MILCOR STEEL CO. et al. (ÆTNA CASUALTY & SURETY CO., Third Party Defendant-Appellant).

Circuit Court of Appeals, Second Circuit.

Rehearing Denied May 14, 1945.

Attorney(s) appearing for the Case

Joseph Lotterman, of New York City (Watrous, Gumbart & Corbin, of New Haven, Conn., on the brief), for appellant F. H. McGraw & Co., Inc.

Louis A. Tepper, of New York City (Parmelee & Thompson, of New Haven, Conn., on the brief), for appellant Aetna Casualty & Surety Co.

Walter G. Schelker, Jr., of New York City (David M. Richman, of New Haven, Conn., on the brief), for appellee Milcor Steel Co.

Charles Howard Levitt, of New York City (Seth V. Elting and David T. Smith, both of New York City, and David M. Richman, of New Haven, Conn., on the brief), for appellee John T. D. Blackburn, Inc.

Before HUTCHESON, SIMONS, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an action of interpleader brought under 28 U.S.C.A. § 41(26), and Federal Rules of Civil Procedure, rule 22, 28 U.S. C.A. following section 723c, by F. H. McGraw & Company, Inc., general contractors with the State of Connecticut for construction of the Continued Treatment Units at the Fairfield State Hospital, Newtown, Connecticut. The original defendants were Sherman Plastering Company, Inc., a subcontractor, and various materialmen...

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