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MARKHAM v. FAY

Civ. A. No. 91-10821-RWZ.

884 F.Supp. 594 (1995)

Paul F. MARKHAM, as he is Trustee for the Bankruptcy Estate of Louis Almeida, Plaintiff, v. Claire M. FAY, Individually and as Trustee of the Highland Avenue Nursing Home Trust, the Parker Hill Nursing Home Trust, and the Green Pastures Nursing Home Trust, Regina Nursing Home, Inc., the United States of America, Richard H. Gens, Joseph Wine, P.C., Defendants.

United States District Court, D. Massachusetts.

March 22, 1995.

Attorney(s) appearing for the Case

Patrick P. Dinardo, Sullivan & Worcester, Boston, MA, for Paul F. Markham.

Deborah A. Beard, Boston, MA, for Claire M. Fay, Regina Nursing Home, Inc.

George P. Eliopoulos, U.S. Dept. of Justice, Tax Div., Washington, DC, Susan M. Poswistilo, U.S. Atty's Office, Boston, MA, for U.S.

William E. Gens, Boston, MA, for Richard H. Gens.

OPINION

COLLINGS, United States Magistrate Judge.

I. INTRODUCTION

This is an interpleader action arising out of the bankruptcy case In Re: Louis Almeida, No. 78-1684-L in the District of Massachusetts. The trustee in bankruptcy of the debtor has interpled a fund of $67,809.89 representing the proceeds from the sale of nursing homes held in the name of Almeida upon which the defendants Regina Nursing Home, Inc. (hereafter "the...

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