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FIRST NAT. BANK OF CINCINNATI v. PEPPER

Nos. 7, 8, Dockets 75-7519, 75-7545.

547 F.2d 708 (1976)

The FIRST NATIONAL BANK OF CINCINNATI, Plaintiff, v. Sidney PEPPER, Appellant-Cross-Appellee, Rosalie M. Arlinghaus, Individually, et al., Appellees, Rosalie M. Arlinghaus, as Executrix of the Will of Frank H. Arlinghaus, Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 16, 1976.

Attorney(s) appearing for the Case

Elias Rosenzweig, New York City (Harvey J. Ishofsky, and Brauner Baron Rosenzweig Kligler & Sparber, New York City, of counsel), for appellant-cross-appellee.

Preben Jensen, New York City (Casey, Lane & Mittendorf, New York City, of counsel), for appellees-cross-appellant.

Before FRIENDLY, HAYS and TIMBERS, Circuit Judges.

FRIENDLY, Circuit Judge.

I

This interpleader action, 28 U.S.C. § 1335, wherein the claimants are of diverse citizenship, has been pending in the District Court for the Southern District of New York since 1968, where it has accumulated seven closely typed pages of docket entries. The issue which led to the bringing of the action was whether an agreement between Sidney Pepper—who had been attorney for Modern Talking Picture Service, Inc. (Modern...

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