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BLACKMON AUCTIONS v. VAN BUREN TRUCK CENTER, INC.

Civ. No. 95-2067.

901 F.Supp. 287 (1995)

BLACKMON AUCTIONS, INC., Plaintiff, v. VAN BUREN TRUCK CENTER, INC.; Don Caricofe; Eva Caricofe; Jim W. Hale; Mary Jean Hale; and The United States of America, Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

August 28, 1995.

Attorney(s) appearing for the Case

George Jay Bequette, Jr., Skokos, Bequette & Smith, Little Rock, AR, for plaintiff.

Edwin G. Dooley, Jr., Ft. Smith, AR, for Van Buren Truck Center.

Shelton Sargent, Ft. Smith, AR, for the Caricofes.

Philip A. Bagby, Van Buren, AR, for the Hales.

Nanci B. Scoblionko, Tax Div., Washington, DC, for IRS.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is an interpleader action initiated by the stakeholder, Blackmon Auctions, with regard to certain auction proceeds in its possession. Two claimants, Jim W. Hale and Mary Jean Hale, have filed a motion to dismiss for lack of subject matter jurisdiction. Another claimant, the United States of America, has filed a response in opposition. The motion to dismiss shall be denied.

I. STANDARD...

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