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PHILLIPS v. FIRST NATIONAL CITY BANK OF NEW YORK

No. 476, Docket 35343.

440 F.2d 1342 (1971)

Gabriela F. PHILLIPS, as Administratrix of the Estate of William Stanton Phillips, Deceased, Plaintiff-Appellant, v. FIRST NATIONAL CITY BANK OF NEW YORK, a National Banking Association, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 22, 1971.

Attorney(s) appearing for the Case

Eric A. Rose, Long Beach, Cal. (Zalk, Rubel & Perret, New York City, on the brief), for plaintiff-appellant.

Richard H. Troy, New York City (Shearman & Sterling, New York City, on the brief), for defendant-appellee.

Before HAYS and FEINBERG, Circuit Judges, and CURTIN, District Judge.

FEINBERG, Circuit Judge:

Plaintiff Gabriela F. Phillips, administratrix of the estate of William Stanton Phillips, appeals from an order of the United States District Court for the Southern District of New York, John M. Cannella, J., granting summary judgment to defendant First National City Bank of New York. The case grows out of a family dispute as to who is entitled to the proceeds of a negotiable sight draft issued in July 1959, almost 12 years ago. For reasons...

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