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COWAN v. UNITED STATES

172 F.Supp. 291 (1959)

Marvin S. COWAN, Plaintiff, v. UNITED STATES of America, Industrial Commissioner of The State of New York, City of New York, and Cameo Restaurant, Inc., Defendants.

United States District Court S. D. New York.

March 24, 1959.

Attorney(s) appearing for the Case

Cowan, Leibowitz & Emanuel, New York City, for plaintiff, Lazar Emanuel, Lewis R. Cowan, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., for Industrial Commissioner of the State of New York, Charles H Tenney, Corp. Counsel of the City of New York, New York City, for defendant, City of New York, Stanley Buchsbaum, Bernard H. Sherris, Morris Jacobson, New York City, of counsel.

DIMOCK, District Judge.

Defendant, City of New York, moves for summary judgment, under Rule 56, F.R.Civ.P., in an interpleader action, and plaintiff and defendant, Industrial Commissioner of the State of New York, cross-move for summary judgment.

Plaintiff, an attorney, alleges that as part of the transaction in which a restaurant was sold, the purchaser deposited with him, as escrow agent, the sum of $16,600, a part of the purchase price. Plaintiff was to...

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