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IN RE FLANAGAN BROS., INC.

Bankruptcy No. 83-03550, Adv. No. 84-0088.

40 B.R. 183 (1984)

In re FLANAGAN BROS., INC., Debtor. DON ROGERS, INC., Plaintiff, v. Richard L. BERRY, Trustee on Behalf of Flanagan Bros., Inc., City of Bridgeton, Aetna Casualty & Surety Co., Billows Electric Supply Co., A.C. Miller Concrete Products, Inc., Defendants.

United States Bankruptcy Court, D. New Jersey.

June 26, 1984.

Attorney(s) appearing for the Case

Robert F. Blomquist, Davis, Reberkenny & Abramowitz, P.A., Cherry Hill, N.J., for plaintiff, Don Rogers, Inc. and defendant, Aetna Cas. & Sur. Co.

William P. Gillon, Florio & Maloney, Cherry Hill, N.J., for defendant, Richard L. Berry, Trustee, Flanagan Bros.

Michael Fisher, Bridgeton, N.J., for defendant, City of Bridgeton.

Gary M. Perkiss, Joseph R. Pozzuolo Associates, P.C., Philadelphia, Pa., for defendant, Billows Electric Supply Co.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:1

The first of two issues presented in the controversy at hand is whether we should grant a defendant's motion to dismiss an interpleader action commenced under Fed. R.Civ.P. 22. Only if we deny that motion must we reach the second issue which is whether we should issue an injunction barring the defendants from continuing or commencing suits against the plaintiff's surety for payment...

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