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TRAVELERS INDEMNITY COMPANY v. ISRAEL

No. 42, Docket 29546.

354 F.2d 488 (1965)

TRAVELERS INDEMNITY COMPANY, United States Fidelity and Guaranty Company, Thames and Mersey Marine Insurance Company, Limited, Twin City Fire Insurance Company and Union Mutual Insurance Company of Providence, Plaintiffs-Appellants, v. Stanley ISRAEL, as Assignee for the Benefit of Creditors of Jay Cee Shirt Laundry, Inc., Excell Laundry Machinery Corporation, United States of America, Betty Schnurmann, Bankers Trust Company, Manufacturers Trust Company, "John Doe," name unknown, the person intended being the person doing business under the firm name and style of Public Adjustment Bureau, Defendants-Appellees, and Sam Mindich et al., Defendants. UNITED STATES of America, Plaintiff-Appellee in Intervention, v. TRAVELERS INDEMNITY COMPANY, United States Fidelity and Guaranty Company, Thames and Mersey Marine Insurance Company, Limited, Twin City Fire Insurance Company and Union Mutual Insurance Company of Providence, Defendants-Appellants in Intervention, and Stanley Israel, as Assignee for the Benefit of Creditors of Jay Cee Shirt Laundry, Inc., Excell Laundry Machinery Corporation, United States of America, Betty Schnurmann, Bankers Trust Company, Manufacturers Trust Company, "John Doe," name unknown, the person intended being the person doing business under the firm name and style of Public Adjustment Bureau, Defendants-Appellees in Intervention, and Sam Mindich et al., Defendants in Intervention.

United States Court of Appeals Second Circuit.

Decided December 1, 1965.

Attorney(s) appearing for the Case

Simon Greenhill, New York City (Greenhill & Speyer, New York City), for plaintiffs-appellants and defendants-appellants in intervention.

Stanley Israel, New York City (Bluestone & Kliegman, New York City), for defendant-appellee and defendant-appellee in intervention Stanley Israel as assignee, etc.

Benjamin Jaffe, New York City, for defendant-appellee and defendant-appellee in intervention, Excell Laundry Machinery Corp.

Judith Nochimson, New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Arthur M. Handler, Asst. U. S. Atty., of counsel), for United States of America.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

Plaintiff insurance companies brought this action of interpleader in the District Court for the Southern District of New York against the insured and others to determine their liability on five fire insurance policies. Four policies had been issued to Sam and Dorothy Mindich covering property used by them in a laundry and dry cleaning establishment known as Camay Cleaners and Launderers; a fifth policy covered machinery conditionally sold...

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