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CORRESPONDENT SERVICES v. J.V.W. INVESTMENTS

No 99 CIV 8934 RWS.

173 F.Supp.2d 171 (2001)

CORRESPONDENT SERVICES CORPORATION, Interpleader-Plaintiff, v. J.V.W. INVESTMENTS LTD., First Equities Corporation of Florida, J.V. Waggoner, and Donal Kelleher, Interpleader-Defendants, and Suisse Security Bank And Trust, Ltd., Additional Defendant on the Cross-Claims.

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

November 26, 2001.

Attorney(s) appearing for the Case

Drinker Biddle & Reath by Brian F. McDonough, New York City, for Interpleader-Plaintiff.

Shaw Pittman by Kenneth Caruso, Jeffrey I. Wasserman, New York City, for Interpleader-Defendants J. Virgil Waggoner and J.V.W. Investment, Ltd.

Richardson Mahon Casey & Rooney by James J. Mahon, New York City, for Interpleader-Defendant Donal Kelleher.

Kronish Lieb Weiner & Hellman by William J. Schwartz, New York City, for Additional Defendant on the Cross-Claims.

Milbank Tweed Hadley & McCloy by Andrew E. Tomback, New York City, for Cross-Claim Defendant.

OPINION

SWEET, District Judge.

Defendant J. Virgil Waggoner ("Waggoner") has moved, pursuant to Rule 56(b), Fed.R.Civ.P., for summary judgment on two cross-claims brought by defendant Donal Kelleher ("Kelleher"). Kelleher, in opposing this motion, has cross-moved to compel further discovery and allow letters rogatory. For the reasons set forth below, Waggoner's motion is denied as to the first cross-claim and granted as to the second. Kelleher's cross...

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