CORRESPONDENT SERVICES v. J.V.W. INVESTMENTS LTD.

No. 99 Civ. 8934(RWS).

205 F.Supp.2d 191 (2002)

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.

May 30, 2002.


Attorney(s) appearing for the Case

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

Chadbourne & Parke 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.

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


OPINION

SWEET, District Judge.

Cross-claim defendant Suisse Security Bank and Trust Ltd. ("SSBT") has moved: (1) to dismiss the action brought by interpleader plaintiff Correspondent Services Corporation ("CSC") pursuant to CSC's Notice of Voluntary Dismissal under Rule 41(a), Fed.R.Civ.P., and for lack of subject matter jurisdiction pursuant to Rule 12(h)(3), Fed.R.Civ.P.; (2) to return its attached assets to its receiver in the Bahamas pursuant...

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