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MEAD CORPORATION v. ABELES

No. 74-4069.

530 F.2d 38 (1976)

The MEAD CORPORATION, Plaintiff-Appellant, v. David ABELES, Ira D. Cohen, Solomon Klausner, Edward Probst and Max Scheman, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 28, 1976.

Attorney(s) appearing for the Case

Thomas Allan Rice, Atlanta, Ga., for plaintiff-appellant.

Harvey A. Clein, Atlanta, Ga., for defendants-appellees.

Before DYER and CLARK, Circuit Judges, and KRAFT, District Judge.

Rehearing and Rehearing En Banc Denied June 28, 1976.

DYER, Circuit Judge:

In this interpleader action Mead Corporation (Mead) seeks a determination that it is entitled to set-off against rent due to Cohen Associates (Cohen) certain sums which it had previously expended for repair of premises leased from Cohen's predecessor in title, Overmyer Corporations (Overmyer).1 The district court determined that a settlement between Mead...

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