U.S. v. A & N CLEANERS AND LAUNDERERS, INC.

No. 89 Civ. 6865 (RWS).

788 F.Supp. 1317 (1992)

UNITED STATES of America, Plaintiff, v. A & N CLEANERS AND LAUNDERERS, INC., Ben Forcucci, Marine Midland Bank, N.A., Jordan W. Berkman, John A. Petrillo, Joseph Curto, and Mario Curto, Defendants. MARINE MIDLAND BANK, N.A., Third-Party Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, St. Paul Mercury Insurance Company, Utica Mutual Insurance Company, the North River Insurance Company and United States Fire Insurance Company, Third-Party Defendants.

United States District Court, S.D. New York.

As Amended April 16, 1992.


Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D.N.Y., Paul K. Milmed, Asst. U.S. Atty. and Beverly Kolenberg, Sp. Asst. U.S. Atty., New York City (Sara L. Shudofsky, Asst. U.S. Atty., of counsel), for U.S.

Steven A. Greenwold, P.C., Poughkeepsie, New York (Jonathan D. Katz, of counsel), for defendants A & N Cleaners and Ben Forcucci.

Edwards & Angell, New York City (Lynn Wright, of counsel), for defendants Jordan W. Berkman, John A. Petrillo, Joseph Curto and Mario Curto.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, New York (Robert E. Glanville, of counsel), for third-party plaintiff.


OPINION

SWEET, District Judge.

Plaintiff United States of America (the "Government") has moved for partial summary judgment against defendants A & N Cleaners and Launderers, Inc. a/k/a Alben Cleaners & Launderers ("A & N" or "Alben Cleaners"), Ben Forcucci ("Forcucci"), Marine Midland Bank, N.A. ("Marine"), Jordan W. Berkman ("Berkman"), John A Petrillo ("Petrillo") and Joseph and Mario Curto (the "Curtos") (collectively with Berkman and Petrillo...

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