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SHEWMAKE v. MONTGOMERY LODGE NO. 596, BEN. & PRO. OR. OF ELKS

Civ. A. No. 2643-N.

292 F.Supp. 712 (1968)

Charles B. SHEWMAKE and John R. Matthews, Jr., Complainants, v. MONTGOMERY LODGE NO. 596, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF the UNITED STATES of America, a corporation, et al., Respondents.

United States District Court M. D. Alabama, N. D.

August 28, 1968.

Attorney(s) appearing for the Case

John R. Matthews, Jr., Ball & Ball, Montgomery, Ala., for complainants.

Ben Hardeman, U. S. Atty., Ralph O. Howard, Asst. U. S. Atty., McDonald Gallion, Atty. Gen., and James R. Payne, Asst. Atty. Gen., Jesse M. Williams, Jr., John Huddleston, Warren S. Reese, Jr., for respondents.

FINDINGS OF FACT AND OPINION

PITTMAN, District Judge.

The plaintiffs filed a bill of interpleader in the Circuit Court of Montgomery County, Alabama, and paid $32,840.10 into the court with the bill, which represented a surplus balance from a mortgage foreclosure sale. The plaintiffs sought to have the court determine the party or parties having prior claim to these funds and release and discharge the plaintiffs...

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