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OTTEN v. MARASCO

No. 72, Docket 29493.

353 F.2d 563 (1965)

Ralph J. OTTEN, Plaintiff-Appellee, v. Anthony R. MARASCO, the United States Marshal for the Southern District of New York and the United States of America, Defendants, M. Alden Weingart, Intervening Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 9, 1965.

Attorney(s) appearing for the Case

Arthur J. Cooperman, New York City (Landes & Wingate, New York City, with him on the brief), for appellant.

Kevin Thomas Duffy, New York City (Melvin Shulman and Whitman, Ransom & Coulson, New York City, with him on the brief), for appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge:

Ralph J. Otten brought suit in the Southern District of New York to recover twenty-five negotiable bearer bonds, each with a face amount of $1,000, which had been stolen from his home in Pennsylvania on July 28, 1958. The bonds were delivered to the FBI by the intervening defendant-appellant M. Alden Weingart in 1960, and the FBI turned them over to the United States Marshal for the Southern District of New York for distribution. The United States...

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