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FERNEKES v. CMP IND.

15 A.D.2d 128 (1961)

Roland J. Fernekes et al., Respondents, v. CMP Industries, Inc. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 20, 1961.

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning (John J. Clyne of counsel), for CMP Industries, Inc., appellant.

Poskanzer & Muffson for National Commercial Bank and Trust Company of Albany, appellant.

Whalen, McNamee, Creble & Nichols (Charles E. Nichols of counsel), for respondents.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur.

TAYLOR, J.

This suit in equity was instituted by plaintiffs to establish the extent of their respective rights in funds held by defendant, the National Commercial Bank and Trust Company of Albany, as trustee under a "Salaried Employees' Retirement and Profit-Sharing Program of Consolidated Metal Products Corporation." Subsequently by change of its corporate name Consolidated Metal Products Corp., hereinafter...

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