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FIDELITY & DEPOSIT CO. OF MARYLAND v. A TO Z EQUIPMENT CORP.

No. 64 C 854.

258 F.Supp. 862 (1966)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Corporation, Plaintiff, v. A TO Z EQUIPMENT CORP. et al., Defendants.

United States District Court E. D. New York.

June 20, 1966.

Attorney(s) appearing for the Case

Maurice & McNamee, New York City, for plaintiff, Joseph P. Hoey, U. S. Atty., Cyril Hyman, Asst. U. S. Atty., of counsel.

George Weisbrod, New York City, for defendant, Murray-Benjamin Electric Co.

Kirlin, Campbell & Keating, New York City, for defendants, Chilean Line, Inc. and Pittston Stevedoring Corp., Richard H. McKenna, New York City, of counsel.

Seymour Goldstein, Brooklyn, N. Y., for defendant, Seaboard Electric Co. Inc.

Theodore D. Ostrow, Esq., Brooklyn, N. Y., Special Master.

Arnold M. Schwartz, Brooklyn, N. Y., for defendant, Dunham-Bush, Inc.

MEMORANDUM

BRUCHHAUSEN, District Judge.

The plaintiff instituted this action for interpleader. The plaintiff now moves for confirmation of the report of Theodore D. Ostrow, Esq., Special Master appointed by the Court. As additional relief, the plaintiff seeks an award of $12,500 counsel fees, also costs and disbursements, payable out of the fund.

The plaintiff, as surety, issued a bond, pursuant to 40 U.S.C. § 270a in the penal sum of $122,479...

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