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EMERY & KAUFMAN, LTD. v. HOUSTON FIRE & CAS. INS. CO.

No. 21205.

115 So.2d 213 (1959)

EMERY & KAUFMAN, LIMITED, v. HOUSTON FIRE & CASUALTY INSURANCE COMPANY, Chester A. Usry, District Director of Internal Revenue, Ingard O. Johannesen, Trustee in the Matter of Robert F. Gottschalk, in Bankruptcy No. 8842, United States District Court for the Eastern District of Louisiana, New Orleans Division.

Court of Appeal of Louisiana, Orleans.

Rehearing Denied November 16, 1959.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles and Frank J. Peragine, New Orleans, for plaintiff and appellee.

Bienvenu & Culver and H. F. Foster, III, New Orleans, for Houston Fire & Casualty Ins. Co., defendant and appellant.

M. Hepburn Many, U. S. Atty., and Kathleen Ruddell, Asst. U. S. Atty., New Orleans, for the United States, defendant and appellant.

Ingard Johannesen, New Orleans, trustee, in pro. per.

McBRIDE, Judge.

Invoking the provisions of LSA-R.S. 13:4811 et seq., Emery & Kaufman, Ltd., provoked these concursus proceedings in the Civil District Court for the Parish of Orleans, depositing therewith in the registry of said court $885.48, alleging as a mere stakeholder of the funds, it can neither determine which of several claimants is entitled thereto nor pay the same to any one of them without danger of being compelled at a later date to pay a like amount...

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