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Friedman v. Fidelity Brokerage Services

Amy Friedman v. Fidelity Brokerage Services, Inc., and Other Fidelity Entities, Real Names Unknown Fidelity Service Corporation National Financial Services Corporation

Friedman v. Fid. Brokerage Servs., 56 F.3d 866 (8th Cir. 1995)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
May 8, 1995
Docket
No. 94-3433
Citations
56 F.3d 8661995 WL 3251601995 U.S. App. LEXIS 10163

Opinion

56 F.3d 866

Amy FRIEDMAN, Appellant, v. FIDELITY BROKERAGE SERVICES, INC., and other Fidelity entities, real names unknown; Fidelity Service Corporation; National Financial Services Corporation, Appellees.

No. 94-3433.

United States Court of Appeals, Eighth Circuit.

Submitted May 4, 1995. Decided May 8, 1995.

Frederick S. Cassman, Omaha, NE, for appellant.

Kathleen M. Quinn, Omaha, NE, for appellee.

Before FAGG, MAGILL, and BEAM, Circuit Judges.

PER CURIAM.

1

Amy Friedman appeals the district court's judgment on the pleadings in her action to recover funds that Fidelity Investments turned over to the State of New York according to a tax levy. Friedman argues Fidelity should not have honored the levy because the funds it turned over were located in a Massachusetts account and not "within the jurisdiction of the State of New York." Having carefully considered Friedman's claims, we agree with the district court that her jurisdictional arguments are misplaced and that New York Civil Practice Law and Rules Sec. 5209 (McKinney 1978) provides defendants with a complete defense to liability. Accordingly, we affirm. See 8th Cir.R. 47B.

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