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BANK OF LEUMI TRUST CO. v. ISTIM, INC.

No. 94 Civ. 8293(SAS).

892 F.Supp. 478 (1995)

BANK LEUMI TRUST COMPANY OF NEW YORK, Plaintiff, v. ISTIM, INC., Opal Finance Corporation Ltd., and Opal Trade Corp., Defendants. OPAL FINANCE CORPORATION LTD., Cross-Claimant, v. ISTIM, INC., Cross-Claim Defendants. ISTIM, INC., Cross-Claimant, v. OPAL FINANCE CORPORATION LTD. and Opal Trade Corp., Cross-Claim Defendants.

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

March 27, 1995.

Attorney(s) appearing for the Case

Ronald M. Neumann, Carlos A. Cabrales, Office of the Gen. Counsel, Bank Leumi Trust Co. of New York, New York City, for plaintiff Bank Leumi Trust Co. of New York.

William J. Ferlanti, New York City, for defendant-cross-claimant Istim, Inc.

Barry Michael Okun, Gilbert A. Samberg, Randi S. Miller, Rosenman & Colin, New York City, for defendant-cross-claimant Opal Finance Corp. Ltd. and Opal Trade Corp.

SCHEINDLIN, District Judge.

Cross-claimant Opal Finance Corporation Ltd. ("Opal") requests confirmation of an ex parte Order of Attachment on the monies previously held on account at Bank Leumi Trust Company of New York ("Bank Leumi")1 totalling approximately $261,139.43 in the name of the cross-claim defendant Istim, Inc. ("Istim"). The parties agree that Opal must first show that a cause of action exists

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