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UNITED STATES v. WAGNER

No. M 18-304.

453 F.Supp. 850 (1978)

UNITED STATES of America, Judgment-Creditor and Petitioner, v. Samuel WAGNER, Judgment-Debtor.

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

July 13, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for judgment-creditor and petitioner by Robert M. Jupiter, Asst. U. S. Atty., New York City.

Allen G. Schwartz, Corp. Counsel, New York City, for judgment-debtor by Kenneth Conboy, Deputy Commissioner, Legal Matters, New York City Police Dept., New York City, John P. Rudden, Atty. N.Y.C. Police Dept., New York City, of counsel.

OPINION

MacMAHON, District Judge.

Petitioner holds an unsatisfied judgment arising from a criminal fine assessed against Samuel Wagner (Wagner). Seeking to collect that judgment under Rule 69(a), Fed.R.Civ.P., petitioner moves for (1) a determination whether $6,000 held by the New York City Police Department Clerk (respondent) is Wagner's property, and (2) an order pursuant to N.Y. CPLR §§ 52251 and 5239

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