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YOUNGSTOWN S. & T. CO. v. PATTERSON-EMERSON-COMSTOCK OF IND.

Civ. No. 3159.

227 F.Supp. 208 (1963)

The YOUNGSTOWN SHEET & TUBE COMPANY, an Ohio corporation v. PATTERSON-EMERSON-COMSTOCK OF INDIANA, an Indiana corporation, et al.

United States District Court N. D. Indiana, Hammond Division.

November 27, 1963.

Attorney(s) appearing for the Case

Lester F. Murphy, of Riley, Reed, Murphy & McAtee, East Chicago, Ind., for Youngstown Sheet & Tube Co., interpleading plaintiff.

Alfred W. Moellering, U. S. Atty., Joseph Eichorn, Asst. U. S. Atty., Hammond, Ind., Dennis Fox, Dept. of Internal Revenue Service, Indianapolis, Ind., for intervenor, United States.

Joseph Morrow, of Lawyer, Schroer & Eichorn, Hammond, Ind., for Northern Indiana Public Service Co.

Byron Bamber, Hammond, Ind., for DuBois Engineering Co.

Rubin & Rubin, Gary, Ind., for Milo Vale, trustee in bankruptcy for Patterson-Emerson-Comstock of Indiana, bankrupt.

John McDonagh, Hammond, Ind., for Eichleay Corp., Central Rent-A-Crane, Welders Supply Co.

Joseph Costanza, Gary, Ind., for Hyland Electrical Supply Co., Brock Tool Co., Cities Service Oil Co. and G & W Electrical Specialty Co.

Jay Charon, Gary, Ind., for Boardman-Hamilton Co.

BEAMER, District Judge.

This is an interpleader action originally filed August 20, 1961, under the Federal Interpleader Act, 28 U.S.C. §§ 1335, 1397, 2361 and Rule 22 of the Federal Rules of Civil Procedure.

The action was commenced by Youngstown Sheet and Tube Company when Patterson-Emerson-Comstock of Indiana, hereinafter referred to as P-E-C, was found in default of performance on a contract to construct certain additions to Youngstown's facilities...

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