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INDUSTRIAL NAT. BANK OF R. I. v. BUTLER AVIATION INT., INC.

No. 73 C 1629.

370 F.Supp. 1012 (1974)

INDUSTRIAL NATIONAL BANK OF RHODE ISLAND, Plaintiff, v. BUTLER AVIATION INTERNATIONAL, INC., Defendant.

United States District Court, E. D. New York.

January 28, 1974.

Attorney(s) appearing for the Case

Alvin Chriss, New York City, for plaintiff.

Hofheimer, Gartlir, Gottlieb & Gross by Sylvia D. Garland, New York City, for defendant.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiff, a Rhode Island bank, sues in replevin to recover possession of a DC-7C airplane stored at defendant's aviation facilities at La Guardia Airport, Queens. Jurisdiction is grounded on 28 U.S.C. §§ 1331 and 1332. Defendant having declined to release the aircraft to plaintiff until its storage charges are paid, the matter is now before the court on plaintiff's application for an order of replevin...

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