FOUNTAIN PARK COOP., INC. v. BANK OF AMERICA NAT. T. & S. ASS'N

Civ. No. 68-552.

289 F.Supp. 150 (1968)

FOUNTAIN PARK COOPERATIVE, INC., Plaintiff, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., Defendants. COMPTROLLER OF the STATE OF NEW YORK as Trustee of the New York State Employees' Retirement System, Cross-Claimant and Third-Party Plaintiff, v. FOUNTAIN PARK COOPERATIVE, INC., a corporation; Bank of America National Trust and Savings Association, a corporation; Union Bank, a corporation; Secretary of Housing and Urban Development of the United States of America as Director of the Federal Housing Administration; United States of America; Pacific Plaza, a limited partnership (Al Yarbrow, David Leavin and Thomas E. Garcin, General Partners), Cross-Claim Defendants, and National Automobile and Casualty Insurance Co., a corporation, Continental American Property Management Corporation, a corporation, and Edwin B. Silverstrom, Third-Party Defendants.

United States District Court C. D. California.

August 20, 1968.


Attorney(s) appearing for the Case

Lawrence R. Resnick, Fulop, Rolston & Burns, Beverly Hills, Cal., for plaintiff.

Thomas H. Coleman, Asst. U. S. Atty., Los Angeles, Cal., for the United States.

Allan E. Cone, Friedman & Cone, Beverly Hills, Cal., for defendant Continental American Property and Edwin B. Silverstrom.

Henry Friedman, Beverly Hills, Cal., for defendant Allan Cone.

Ullar Vitsut, Los Angeles, Cal., for defendant Bank of America.

Lawrence T. Lydick, Adams, Duque & Hazeltine, Los Angeles, Cal., for defendant James S. Cline.

Thomas E. Garcin, Sherman Oaks, Cal., for defendant Pacific Plaza.

Dennis F. Donovan, Ernest S. Gould, Los Angeles, Cal., for defendant Union Bank.

James S. Cline, Adams, Duque & Hazeltine, Los Angeles, Cal., for defendant New York State Employees Retirement System.


ORDER REMANDING ACTION IN ENTIRETY TO STATE COURT

IRVING HILL, District Judge.

The instant action was begun in the California State Superior Court. It was removed to this Court under a petition for removal of the U. S. Secretary of Housing and Urban Development (hereinafter called "Secretary"), filed April 5, 1968. On July 1, 1968 this Court, on its own motion, filed an Order to Show Cause requiring the removing party to show cause why the action should...

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