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BRITTON v. HOWARD SAV. BANK

No. 83-5216.

727 F.2d 315 (1984)

John F. BRITTON v. The HOWARD SAVINGS BANK, a New Jersey Banking Corporation, Joseph Rascio, individually and trading as Agents Auto Recovery Service, a proprietorship, Joseph Rascio and Mary Lou Rascio, a/k/a Mary Lou De Iesso, individually and trading as Agents Auto Recovery Service. Appeal of The HOWARD SAVINGS BANK.

United States Court of Appeals, Third Circuit.

Decided February 9, 1984.

Attorney(s) appearing for the Case

Crummy, Del Deo, Dolan & Purcell, Newark, N.J., John A. Ridely, Newark, N.J., of counsel; Frederick C. Kentz, III, Faith A. Hamstra, Newark, N.J., on brief, for The Howard Sav. Bank.

Philip M. Saginario, Paterson, N.J., for Agents Auto Recovery Service, Joseph Rascio and Mary Lou Rascio, a/k/a Mary Lou De Iesso.

Before GIBBONS and BECKER, Circuit Judges and ATKINS, District Judge.

Submitted Under Third Circuit Rule 12(6) on January 23, 1984.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The Howard Savings Bank (Howard) appeals from an order, in an action still pending in the district court, denying its motion to vacate a stay of proceedings so as to permit it to move for a writ of attachment. Howard, a defendant in the pending action, sought the writ to attach property of Joseph Rascio and Mary Lou Rascio, against whom it asserts...

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