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AVCO DELTA CORPORATION CANADA LTD. v. UNITED STATES

No. 72-1428 and 72-1899.

484 F.2d 692 (1973)

AVCO DELTA CORPORATION CANADA LTD., Plaintiff, v. UNITED STATES of America et al., Defendants, Natural Gas Pipeline Company of America et al., Third Party Defendants. ALBERT & HARLOW, INC., a/k/a Albert Equipment, Inc., et al., Counter-defendants-Appellants, v. UNITED STATES of America, and Canadian Parkhill Pipe Stringing, Inc., et al., Defendants-Appellees. UNITED STATES of America et al., Defendant-Appellant, v. WOLF BATTERY & ELECTRIC, INC., et al., Counterdefendants-Appellees, Canadian Parkhill Pipe Stringing, Inc., a/k/a Parkhill Pipe Stringing, Inc., et al., Cross-Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 1973.

Attorney(s) appearing for the Case

Robert C. Strodel, Peoria, Ill., (Arthur R. Kingery, Peoria, Ill., of counsel), John Scripp, James D. Wing, Milwaukee, Wis., for Albert & Harlow.

Jackson P. Newlin, Peoria, Ill., for Clifford Rygh.

John G. Satter, Jr., Pontiac, Ill., for Wolf Battery & Electric.

Frank O. Wetmore, II, and Edward J. Wendrow, Chicago, Ill., for Canadian Parkhill Pipe Stringing.

Scott P. Crampton, Asst. Atty. Gen., Jack Teplitz, Atty., Tax Div., Dept. of Justice, Washington, D. C., Donald B. Mackay, U. S. Atty., Springfield, Ill., for U. S. A.

Before FAIRCHILD, CUMMINGS and PELL, Circuit Judges.

PELL, Circuit Judge.

These appeals involve various claimants to two funds presently held in custodia legis by the district court.1

I

One fund originally consisted of $216,337.44 which was deposited with the court by Natural Gas Pipeline Company of America (Natural), a third party defendant in the suit, under a counterclaim of interpleader under 28 U.S.C. § 1335. The funds had been retained pursuant to the...

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