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STUYVESANT INSURANCE CO. v. DEAN CONSTRUCTION CO.

No. 65 Civ. 3385.

254 F.Supp. 102 (1966)

The STUYVESANT INSURANCE COMPANY, Plaintiff, v. DEAN CONSTRUCTION COMPANY, Inc., the New Atlantic Beach Hotel and Cabana Club, Inc., Helen T. Johnson, as Administratrix of the Estate of Alma W. Taylor, Deceased, Hilda Berg, Sidney Berg, Frank L. Newburger, Jr., Dorothy E. Newburger and Audrey R. Kelly, Commissioner of Insurance of the Commonwealth of Pennsylvania, Defendants.

United States District Court S. D. New York.

May 16, 1966.

Attorney(s) appearing for the Case

Ticktin & Bleich, New York City, for plaintiff, David Ticktin, New York City, of counsel.

Leo Fixler, New York City, for defendants Dean Const. Co., Inc. and the New Atlantic Beach Hotel and Cabana Club, Inc.

Jerome J. Verlin, Philadelphia, Pa., for defendant Helen T. Johnson, as Administratrix of the Estate of Alma W. Taylor, decd., Robert E. Quirk, New York City, of counsel.

Rodwin, Rodwin & Gelin, New York City, for Audrey R. Kelly, Comr. of Insurance of Commonwealth of Pennsylvania, Harry Rodwin, New York City, of counsel.

FREDERICK VAN PELT BRYAN, District Judge:

This is a statutory interpleader action brought under 28 U.S.C. § 1335.

Plaintiff Stuyvesant Insurance Company (Stuyvesant), a New York insurance company with its principal place of business here, is the obligor on a $65,000 bond securing payment of a judgment against Empire Mutual Insurance Corporation (Empire), a Pennsylvania insurance corporation. As collateral for the bond Stuyvesant holds $65,000 cash deposited...

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