U.S. TRUST CO. OF N.Y. v. EXECUTIVE LIFE INS. CO.

No. 83 Civ. 8723 (DNE).

602 F.Supp. 930 (1984)

UNITED STATES TRUST COMPANY OF NEW YORK, as Trustee, The Chase Manhattan Bank, N.A., as Trustee, Sharon Steel Corporation, Inc., UV Industries, Inc. Liquidating Trust, and David Finkelstein, Arthur R. Gralla, Paul Kolton, Theodore W. Kheel, Edwin Jacobson and Martin Horowitz, as Trustees of the UV Industries, Inc. Liquidating Trust, Plaintiffs, v. EXECUTIVE LIFE INSURANCE CO., OCCI & Co., Staniels & Co., Nest & Co., Agway Insurance Company and First Missouri Bank & Trust Co., on Behalf of themselves and as representatives of a class of former Holders of 9¼% Senior Subordinated Notes Due April 15, 1987, Mimi Shapiro, Mortimer A. Shapiro, Pacific & Co., Cede & Co. and North Star Oil Company, on behalf of themselves and as representatives of a class of Holders of 9¼% Senior Subordinated Notes Due April 15, 1987, Butcher & Co., William W. Humphrey, Trustee, and Louis H. Spiner, Trustee, on Behalf of themselves and as representatives of a class of former Holders of 5 3/8 % Subordinated Debentures Due November 15, 1995, and Bear Stearns & Co., Cede & Co., Julian S. Goldberg, Mericka & Co., Mutual Shares Corp. and Mutual Qualified Income Fund, Saxon & Co., on Behalf of themselves and as representatives of a class of Holders of 5 3/8 % Subordinated Debentures Due November 15, 1995, Defendants.

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

November 20, 1984.


Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, Louis L. Stanton, New York City, of counsel, for plaintiff United States Trust Company of New York.

Dewey, Ballantine, Bushby, Palmer & Wood, John L. Collins, New York City, of counsel, for plaintiff Chase Manhattan Bank, N.A.

Shea & Gould, Ronald Lefton, New York City, of counsel, for plaintiff UV Industries, Inc. Liquidating Trust.

Shearman & Sterling, Robert Hausen, New York City, of counsel, for plaintiff Sharon Steel Corporation.

Donovan, Leisure, Newton & Irvine, Sanford M. Litvack, New York City, of counsel, for defendant Bear Stearns & Co.

Tenzer, Greenblatt, Fallon & Kaplan, William Klein, II, P.C., New York City, of counsel, for defendants Mutual Shares Corp. and Mutual Qualified Income Fund.

Davis Polk & Wardwell, Thomas J. Aquilino, Jr., New York City, of counsel, for defendant Butcher & Co. and the 5 3/8 % Selling Class.

Crystal & Driscoll, P.C., Stephen L. Crystal, New York City, of counsel, for defendants Mimi Shapiro and Mortimer A. Shapiro.

Danziger, Bangser, Klipstein, Goldsmith & Greenwald, Jonathan Fink, New York City, of counsel, for defendant Agway Insurance Company.

Fine & Ambrogne, Michael B. Roitman, Boston, Mass., of counsel, for defendant Nest & Co.

Milbank, Tweed, Hadley & McCloy, Carol J. Patterson, New York City, of counsel, for defendant Cede & Co.


OPINION AND ORDER

EDELSTEIN, District Judge:

This is an interpleader class action, pursuant to 28 U.S.C. § 1335(a) and Fed.R. Civ.P. 23, brought, inter alia, by United States Trust Company of New York ("U.S. Trust") and the Chase Manhattan Bank, N.A., ("Chase") in their capacities as trustees for 9¼% Notes and 5 3/8 % Debentures issued by the now defunct UV Industries, Inc. ("UV").1 U.S. Trust and Chase are holders...

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