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HODGINS v. MARQUETTE IRON MIN. CO.

No. M79-148 CA.

503 F.Supp. 88 (1980)

Kenneth W. HODGINS, Jr., et al., Plaintiffs and Counter-Defendants, v. The MARQUETTE IRON MINING COMPANY, The United States, The State of Michigan, T. T. Truck and Equipment, Inc., Payne and Dolan, Inc., and Doris C. Verville d/b/a DCV Equipment Rental, and Wilco Diversified, Inc., Defendants. The UNITED STATES of America, T. T. Truck and Equipment, Inc., and Doris C. Verville d/b/a DCV Equipment Rental, Cross-Plaintiffs and Counter-Plaintiffs, v. The MARQUETTE IRON MINING CO. et al., Cross-Defendants.

United States District Court, W. D. Michigan, N. D.

October 27, 1980.

Attorney(s) appearing for the Case

Paul M. Marin, Marquette, Mich., for plaintiffs and counter-defendants.

J. Robert Donnelly, Ishpeming, Mich., James S. Brady, U. S. Atty., Grand Rapids, Mich., Frank J. Kelley, Atty. Gen., Lansing, Mich., E. Nickolas Bridges, Negaunee, Mich., Ronald D. Keefe, Marquette, Mich., Jay A. Nathanson, Dept. of Justice, Tax Division, Washington, D. C., Raoul G. Robar, Ishpeming, Mich., for defendants.

MEMORANDUM OPINION AND ORDER

DOUGLAS W. HILLMAN, District Judge.

This suit was brought to determine the priority of competing claims by creditors of T. T. Truck and Equipment, Inc. (T. T. Truck), to $31,192.00, owing to the debtor and held by Marquette Iron Mining Company (Marquette Iron Mining). The action was commenced by 20 non-salaried employees of T. T. Truck in the Circuit Court of Marquette County and removed to this court by the United States of...

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