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BIERMAN v. MARCUS

No. 12073.

246 F.2d 200 (1957)

Al BIERMAN and William Miller v. Samuel MARCUS and Milmar Estate, Inc., a Corporation Organized Under the Laws of the State of New Jersey, Samuel Marcus, Appellant.

United States Court of Appeals Third Circuit.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Maurice Schapira, Aaron Lasser, Newark, N. J., Max Leichtman, New York City (Lasser & Lasser, Samuel M. Koenigsberg, and William Rossmoore, Newark, N. J., on the brief), for appellant.

Maurice C. Brigadier, Jersey City, N. J. (Frank H. Itkin, Montclair, N. J., on the brief), for Milmar Estate, Inc.

Abraham Chazin, Jersey City, N. J. (Chazin & Chazin, Jersey City, N. J., on the brief), for Miller and Bierman.

Seymour Margulies, Jersey City, N. J. (George Kesselhaut, Newark, N. J., on the brief), for Kevelson.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

As instituted in the district court this proceeding appeared to be an unexceptional strict interpleader with Miller, a citizen of New Jersey, and Bierman, a citizen of North Carolina, asking the court to decide whether Marcus, a citizen of New York, or Milmar, Inc., a New Jersey corporation, was entitled to certain money which plaintiffs admittedly owed to someone. The plaintiffs pictured their dilemma as arising out of a contract under which...

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