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N. J. BANK (N. A.) v. COMMUNITY ASS'N/FARMS, INC.

No. 81-1335.

666 F.2d 813 (1981)

NEW JERSEY BANK (NATIONAL ASSOCIATION) a corporation of the United States of America v. COMMUNITY ASSOCIATION/FARMS, INC., a corporation; United States of America (Internal Revenue Service), and Recra-Del Corporation, formerly known as Pocono Farms, a corporation. Appeal of COMMUNITY ASSOCIATION OF POCONO FARMS.

United States Court of Appeals, Third Circuit.

Decided December 7, 1981.

Attorney(s) appearing for the Case

Sydney D. Walters, argued, Trenton, N.J., for appellant.

Kenneth L. Greene, argued, William S. Estabrook, Michael L. Paup, Attys., Tax Div., Dept. of Justice, John F. Murray, Acting Asst. Atty. Gen., Washington, D.C., William W. Robertson, U. S. Atty., Newark, N.J., for the U. S.

Charles J. Simoldoni, Washington, D.C., for N. J. Bank, N. A.

Before HUNTER, VAN DUSEN and WEIS, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal arises from an interpleader action brought by the New Jersey Bank (the "Bank"). Two interpleaded parties claim the right to a reserve account (the "Fund") held by the Bank on behalf of Recra-Del Corporation ("Recra-Del"), the third interpleaded party. Both the Community Association of Pocono Farms (the "Association"), by way of a judgment lien against Recra-Del, and the United States, by...

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