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U.S. TRUST CO. OF NEW YORK v. EXECUTIVE LIFE INS.

No. 346, Docket Nos. 85-7543, 85-7559.

791 F.2d 10 (1986)

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, Sharon Steel Corporation, United States Trust Company of New York, Plaintiffs-Appellees, v. EXECUTIVE LIFE INSURANCE CO., Occi & Co., Staniels & Co., Translife & Co., Nest & Co., Agway Insurance Company and First Missouri Bank and Trust Co., on behalf of themselves and as representatives of a class of former Holders of 9 1/4% 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 9 1/4% Senior Subordinated Notes Due April 15, 1987, Bucher & 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, Nest & Co., on behalf of the 9 1/4% Selling Class, Defendant-Appellant, Mimi Shapiro, Mortimer A. Shapiro, Mutual Shares Corp., Mutual Qualified Income Fund, and Bear Stearns & Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 15, 1986.

Attorney(s) appearing for the Case

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

Stephen Lee Crystal, New York City (Crystal and Driscoll, P.C., New York City, of counsel), for defendants-appellees Mimi Shapiro and Mortimer Shapiro.

Robert J. Hausen, New York City (Stephen A. Oxman, Shearman & Sterling, New York, of counsel), for plaintiff-appellee Sharon Steel Corp.

Bernard Cedarbaum, New York City (Carter, Ledyard & Milburn, New York City, of counsel), for plaintiff-appellee U.S. Trust Co. of N.Y.

Before FRIENDLY, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This is an appeal from decisions of Judge Edelstein in this federal statutory interpleader action granting summary judgment to one class of claimants, denying summary judgment to another class, 602 F.Supp. 930 (S.D.N.Y.1984), and denying the request of the latter class's representative for attorneys' fees, 602 F.Supp. 942 (S.D.N.Y.1985).

This action arose out...

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