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STATE ST. BANK AND TRUST CO. v. DENMAN TIRE CORP.

No. 00-1650.

240 F.3d 83 (2001)

STATE STREET BANK AND TRUST COMPANY, as Trustee, Plaintiff, Appellee, v. DENMAN TIRE CORPORATION, Denman Operating Corporation, and the Denman Tire Corporation Pension Plan, Defendants, Appellants, v. Eagle Industries, Inc., Eagle Industrial Products Corporation, and the Eagle Industries, Inc. Pension Plan, Defendants and Cross-Claim Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 14, 2001.

Attorney(s) appearing for the Case

Anthony A. Scibelli, with whom Brian E. Whiteley and Scibelli and Whiteley were on brief for appellants.

Frederick J. Sperling, with whom Paul E. Greenwalt, III, Schiff Hardin & Wait, Natalie S. Monroe, and Sullivan & Worcester were on brief for defendants and cross-claim defendants-appellees.

Dennis J. Kelly, with whom Renee Inomata and Burns & Levinson were on brief for plaintiff-appellee.

Before Torruella, Chief Judge, Boudin and Lynch, Circuit Judges.

LYNCH, Circuit Judge.

State Street Bank and Trust Company, as the trustee for two pension plans, filed an interpleader complaint to determine which of the two plans should receive $602,462.44 held by the Bank. A predecessor trustee had mistakenly allocated that sum to the Denman Tire Corporation Plan, taking it from the Eagle Industries Plan at a time when the corporate sponsors of both plans were under common ownership. Over the objections of the purchaser of the...

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