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GIRARD TRUST CO. v. WINDT

No. 74, Docket 21440.

178 F.2d 359 (1949)

GIRARD TRUST CO. v. WINDT et al. (KREIS, Intervenor).

United States Court of Appeals. Second Circuit.

Decided December 9, 1949.

Attorney(s) appearing for the Case

Winkelman & Winkelman, New York City (Charles Winkelman, New York City, Counsel, Edward A. Winkelman, New York City, on the brief), for defendant Irwin Windt.

Squire & Leavitt, Brooklyn, N. Y. (Sidney Squire, Brooklyn, N. Y., Counsel, Leon Weinstock, New York City, on the brief), for defendant Beatrice Windt.

Hyman Goldstein, New York City, for intervenor Maurice M. Kreis.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.

PER CURIAM.

The plaintiff brought an action of interpleader to determine the ownership of moneys deposited with it in the name of "Windt Brothers." "Windt Brothers" was a partnership consisting of Morton and Irwin Windt. Morton Windt's claim to a part of the fund was finally dismissed by the District Court and he took no appeal. Harry Windt, the father of Morton and Irwin Windt and the husband of Beatrice Windt, disclaimed any interest in the fund. The interests to...

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