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ANDRELLO v. NATIONWIDE MUT. INS.

29 A.D.2d 489 (1968)

Anthony Andrello, Plaintiff, v. Nationwide Mutual Fire Insurance Company, Defendant United States of America, Appellant, v. Miles Hoerle et al., Respondents Miles Hoerle et al., Respondents, v. Nationwide Mutual Fire Insurance Company, Defendant Nationwide Mutual Fire Insurance Company, Plaintiff, v. United States of America, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 4, 1968.

Attorney(s) appearing for the Case

Justin J. Mahoney, United States Attorney (David English Carmack, of the Maryland and District of Columbia Bars admitted on motion pro hac vice, of counsel), for appellant.

Howard D. Seld for respondents.

GOLDMAN, DELVECCHIO, MARSH and HENRY, JJ., concur.

BASTOW, J. P.

This appeal presents the issue of priority rights between interpleaded defendants — the appellant, United States of America (Government) and respondents, Hoerle and Kowalsky, — to the proceeds of a fund ($8,500) on deposit in court.

On March 15, 1962 plaintiff (Andrello) in the basic action resided in Oneida County and owned realty in Herkimer County. On that date Andrello...

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