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FIRST NATIONAL BANK OF CINCINNATI v. PEPPER

Nos. 172, 173, Dockets 71-1449, 71-1469.

454 F.2d 626 (1972)

The FIRST NATIONAL BANK OF CINCINNATI, Plaintiff, v. Sidney PEPPER, Defendant-Appellee, Elsie W. COX et al., Defendants-Cross-Claimants-Appellants, Modern Talking Picture Service, Inc., et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided January 3, 1972.

As Amended March 14, 1972.

Attorney(s) appearing for the Case

Preben Jensen, New York City (Casey, Lane & Mittendorf, David H. Kohl, New York City, on the brief), for defendants-cross-claimants-appellants.

Ben A. Matthews, New York City (Harper & Matthews, Harold Harper, Vincent P. Uihlein, New York City, on the brief), for defendant-appellee.

Before MEDINA, MANSFIELD and MULLIGAN, Circuit Judges.

MANSFIELD, Circuit Judge:

This is a statutory interpleader action pursuant to 28 U.S.C. § 13351 originally instituted in the District Court for the Southern District of Ohio by the First National Bank of Cincinnati to settle conflicting claims to a fund of $75,000 held by the bank. The fund has been paid into court, the bank discharged, and the action transferred to the District Court for...

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