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CORRESPONDENT SERVICES v. FIRST EQUITIES CORP.

Docket No. 02-7744.

338 F.3d 119 (2003)

CORRESPONDENT SERVICES CORPORATION, Plaintiff-Counter-Defendant, v. FIRST EQUITIES CORPORATION OF FLORIDA, Defendant-Cross-Defendant, J.V.W. Investments Ltd., Defendant-Cross-Claimant-Counter-Claimant-Cross-Defendant-Appellant, J.V. Waggoner, Defendant-Cross-Claimant-Cross-Defendant-Appellant, Donal Kelleher, Defendant-Cross-Defendant, Suisse Security Bank and Trust, Ltd., Cross-Defendant-Appellee,

United States Court of Appeals, Second Circuit.

Decided: July 16, 2003.

Attorney(s) appearing for the Case

Kenneth A. Caruso, Chadboume & Parke LLP (Marvin R. Lange, Jeffrey I. Wasserman, on the brief), New York, New York, for Appellants.

Andrew E. Tomback, Of Counsel, Milbank, Tweed, Hadley & McCloy (Charles W. Westland, Jonathan W. Wolfe, on the brief), New York, New York, for Cross-Defendant-Appellee.

Before: JACOBS, POOLER, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Appellants J.V.W. Investment, Ltd. ("JVW")1 and J. Virgil Waggoner, two of the several original defendants below, appeal from an order of the United States District Court for the Southern District of New York (Sweet, J.), dismissing an action in the nature of interpleader brought by Correspondent Services Corporation ("CSC"). With CSC's action no longer before it, the district court declined to exercise...

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