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ESKANOS v. ALPHA 76, INC.

Civ. A. No. 87 N 435.

768 F.Supp. 759 (1991)

Mel R. ESKANOS and Rochelle Barkan, a partnership, d/b/a Eskanos & Co., Plaintiffs, and Elwood Henderson, d/b/a Henderson Auctioneer, Interpleader Plaintiff, v. ALPHA 76, INC., Mark R. Nigbur, Daniel Allen Nigbur and Daniel Alexander Nigbur, Defendants, and the United States of America, Defendant-Intervenor.

United States District Court, D. Colorado.

July 12, 1991.

Attorney(s) appearing for the Case

Mel R. Eskanos, pro se.

William G. Pharo, Asst. U.S. Atty., Denver, Colo., Karen Lynne Baker, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OPINION AND ORDER

NOTTINGHAM, District Judge.

Defendant Alpha 76, Inc. is a failed business formerly run by the Nigburs, the other defendants. While it was in its death throes, Alpha agreed with plaintiffs, its landlords, to sell some of its personal property and apply the proceeds to arrearages in rental payments due under its lease with plaintiffs. Interpleader Plaintiff Elwood Henderson, an auctioneer, sold the property on April 27, 1985, and...

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