ELLIS NAT. BANK OF JACKSONVILLE v. IRVING TRUST CO.

No. 68, Docket 85-7319.

786 F.2d 466 (1986)

ELLIS NATIONAL BANK OF JACKSONVILLE, Plaintiff-Appellee, v. IRVING TRUST COMPANY, Defendant, Bache Group, Inc. and Sam Kalil, Jr., Additional Defendants on Counterclaim, Bache Group, Inc., Additional Defendant on Counterclaim-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 19, 1986.


Attorney(s) appearing for the Case

Thomas A. Butler, New York City (Butler, Fitzgerald & Potter, of counsel), for additional defendant on counterclaim-appellant.

Mitchell A. Lowenthal, New York City (George Weisz, Joanne Zack, Loretta K. Davis, Cleary, Gottlieb, Steen & Hamilton, of counsel), for plaintiff-appellee.

Before PIERCE and PRATT, Circuit Judges, and WARD, District Judge.


PIERCE, Circuit Judge:

Appeal from an order of the United States District Court for the Southern District of New York, Richard Owen, Judge, granting Ellis National Bank's motion for summary judgment, denying Bache Group, Inc.'s motion for leave to amend its cross-claims, and directing Irving Trust Co., as depositary, to disburse to Ellis certain pension plan funds held by Irving Trust and subject to the Employee Retirement...

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