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FINE FASHIONS, INC. v. UNITED STATES

No. 145, Docket 27975.

328 F.2d 419 (1964)

FINE FASHIONS, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and Linde Factors Corp., Defendant.

United States Court of Appeals Second Circuit.

Decided February 17, 1964.

Attorney(s) appearing for the Case

Leonard M. Wallstein, Jr., New York City (Baar, Bennett & Fullen, New York City, on the brief), for plaintiff-appellant.

Anthony J. D'Auria, Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York and Robert E. Kushner, Asst. U. S. Atty., on the brief), for defendant-appellee.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This action was brought in the United States District Court for the Southern District of New York by Fine Fashions, Inc. to resolve conflicting claims to a fund of $6,409.85 held by Linde Factors Corp. (Linde). Linde has disclaimed any interest in the fund and has deposited it in escrow with the United States Attorney. Fine Fashions claims the fund as the beneficiary of an assignment to Linde by the Penn Garment Co. (Penn) of payments...

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