UNITED STATES v. BOSURGI

Cal. Nos. 60, 183, Dockets 84-6027, 84-6031.

750 F.2d 216 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Leone BOSURGI and Emilio Bosurgi as Executors of the Estate of Adriana Bosurgi, Deceased, and Chemical Bank as Statutory Executor of the Estate of Adriana Bosurgi, Deceased, and Leone Bosurgi and Emilio Bosurgi, Defendants, Chemical Bank, as Statutory Executor of the Estate of Adriana Bosurgi, Defendant-Appellee-Cross-Appellant, Estate of Adriana Bosurgi, Deceased, and Benedict Ginsberg, Additional Defendants to Counterclaim and Cross Claim for Interpleader, Benedict Ginsberg, Additional Defendant to Counterclaim and Cross Claim for Interpleader-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 12, 1984.


Attorney(s) appearing for the Case

Eliot H. Lumbard, New York City (Patricia J. Murphy and Lewis W. Siegel, New York City, on the brief), for defendant-appellant-cross-appellee Ginsberg.

William Simon, New York City (Hertzog, Calamari & Gleason, New York City, on the brief), for defendant-appellee-cross-appellant Chemical Bank.

William J. Brennan, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., Leona Sharpe Chamberlin and Jane E. Booth, Asst. U.S. Attys., S.D.N.Y., New York City, on the brief), for plaintiff-appellee.

Before VAN GRAAFEILAND, WINTER and PRATT, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

This case comes to us by appeal and cross appeal from so much of an order of the United States District Court for the Southern District of New York (Duffy, J.) as awarded a charging lien to Benedict Ginsberg for legal services on behalf of Leone and Emilio Bosurgi in a State court action against Chemical Bank and directed the distribution between Ginsberg and the IRS of the settlement proceeds of that action. The dispute may be summarized...

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