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IN RE MANDALAY SHORES CO-OP. HOUSING ASS'N, INC.

No. 92-3111.

21 F.3d 380 (1994)

In re MANDALAY SHORES COOPERATIVE HOUSING ASSOCIATION, INC., Debtor. CHASE MANHATTAN BANK, Plaintiff-Appellant, Ralph Meyer, Creditor, v. MANDALAY SHORES COOPERATIVE HOUSING ASSOCIATION, INC., Langfred W. White, Trustee of Mandalay Shores Cooperative Housing Association, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 23, 1994.

Attorney(s) appearing for the Case

Gregg H. Metzger, Dennis M. Campbell, Mershon, Sawyer, Johnson, Dunwody & Cole, Miami, FL, for plaintiff-appellant Chase Manhattan Bank.

Robert K. Eddy, Eddy, Gregg & Burden, Tampa, FL, for creditor Ralph Meyer.

Richard A. Zeller, Clearwater, FL, for debtor, defendants-appellees Mandalay et al.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and RONEY, Senior Circuit Judge.

TJOFLAT, Chief Judge:

In this interpleader case arising out of a bankruptcy action, a savings bank seeks attorneys' fees for its role as a putative innocent stakeholder. The bankruptcy court denied the bank's application for fees, finding instead that the bank's involvement in the interpleader action was a noncompensable cost of doing business; the district court affirmed. We vacate the district court's decision and remand the case for further proceedings.

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