FRANCESKIN v. CREDIT SUISSE

Docket No. 98-9376

214 F.3d 253 (2000)

Guillermo V. FRANCESKIN, Plaintiff-Counter-Defendant-Appellant, v. CREDIT SUISSE, Defendant-Counter-Claimant-Appellee, Lloyds Bank, Defendant-Appellee, Dr. Carlos Meischenguiser, Executor of The Estate of Eugenio Durante, Interpleader-Counter-Defendant-Appellee, Luis Durante, Vincente Durante, Francisco Durante, Nelida Durante, Marta Durante, Beatriz Durante, Antonia F. Caliguri, Nilda De La Cruz Mendoza and Victoria Ana Licen, Counter-Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 5, 2000.


Attorney(s) appearing for the Case

Fernando Koatz, Gleason & Koatz (John P. Gleason, of counsel), New York, New York, for Plaintiff-Counter-Defendant-Appellant.

Allan N. Taffet, Paradise, Alberts & Fisher LLP (Pierre M. Gentin, Credit Suisse First Boston Corporation Legal and Compliance Department, of counsel), New York, New York, for Defendant-Counter-Claimant-Appellee.

Robert I. Bodian, O'Sullivan, Graev & Karabell, LLP (Joan Wharton, of counsel), New York, New York, for Defendant-Appellee.

George R. Brown V, Stairs Dillenbeck Finley & Mearle (Pierre F.V. Merle, John J. Finley, of counsel), New York, New York, for Interpleader-Counter-Defendant-Appellee.

Before: WINTER, Chief Judge, KEARSE, and STRAUB, Circuit Judges.


WINTER, Chief Judge:

Guillermo V. Franceskin appeals from Judge Knapp's order granting summary judgment to appellees Credit Suisse ("CS"), Lloyds Bank ("Lloyds"), and the Executor of the estate of Eugenio Durante ("the Executor"). A judgment for approximately $530,000 held by CS was awarded to the Executor in an interpleader proceeding. The issues we address on this appeal concern diversity of citizenship jurisdiction, or the lack thereof.

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