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NIAGARA MOHAWK POWER v. BANKERS TRUST, ETC.

No. 321, Docket 85-6110.

791 F.2d 242 (1986)

NIAGARA MOHAWK POWER CORPORATION, Plaintiff-Appellant, v. BANKERS TRUST CO. OF ALBANY, N.A., U.S. Department of Housing & Urban Development; Mulberry Apartment Housing Development Fund Company, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 22, 1986.

Opinion on Rehearing July 23, 1986.

Attorney(s) appearing for the Case

Anthony J. Fazio, Syracuse, N.Y., for plaintiff-appellant.

Herbert L. Levy, Associate Regional Counsel, U.S. Dept. of H.U.D. (Frederick W. Scullin, Jr., U.S. Atty. N.D.N.Y., of counsel), for defendants-appellees.

Before LUMBARD, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This is a defensive interpleader action brought by the Bankers Trust Company of Albany, N.A. ("Bankers Trust"). Niagara Mohawk Power Corporation ("Niagara Mohawk"), an electric and gas utility, appeals from a grant of summary judgment holding that the Department of Housing and Urban Development ("HUD") was entitled to the full amount of a fund held by Bankers Trust. In so ruling, the district court rejected Niagara Mohawk's claim to a portion...

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