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WOJCINSKI v. ONEIDA NATIONAL BANK & TRUST CO. OF CENT. N. Y.

No. 176, Docket 29756.

354 F.2d 231 (1965)

Robert J. WOJCINSKI, Plaintiff-Appellee, v. The ONEIDA NATIONAL BANK AND TRUST COMPANY OF CENTRAL NEW YORK, Defendant, Arthur J. Foley, as Executor of the Estate of Alexander Fijalkowski, Deceased, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 10, 1965.

Attorney(s) appearing for the Case

Robert J. Lord, Detroit, Mich., for plaintiff-appellee.

Gardner A. Callanen, Jr., Utica, N. Y. (Foley, Callanen & Foley, Utica, N. Y., on the brief), for defendant-appellant.

Before MEDINA, WATERMAN and SMITH, Circuit Judges.

PER CURIAM:

On the death of Alexander Fijalkowski on April 8, 1958, a dispute arose respecting the ownership of certain bank accounts and other property. The amounts on deposit in two bank accounts in the joint names of plaintiff and decedent were paid over to plaintiff as survivor. With respect to a third account in the joint names of plaintiff and decedent, the Oneida National Bank and Trust Company of Central New York paid the money into court after this action...

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