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PEKIN INSURANCE COMPANY v. CORRECT ROOFING & CONSTRUCTION INC., 3:14CV00135 BSM. (2014)

Court: District Court, E.D. Arkansas Number: infdco20140912723 Visitors: 3
Filed: Sep. 11, 2014
Latest Update: Sep. 11, 2014
Summary: ORDER BRIAN S. MILLER, District Judge. The joint motion for disbursement filed by defendants Michelle E. Rains and Rosia Turner [Doc. No. 70] is granted. On April 2, 2014, plaintiff Pekin Insurance Company deposited two million dollars into the registry of the court pursuant to Rule 67. See Doc. No. 18. On July 16, 2014, $100,000 was disbursed to separate defendant Nichole L. Johnson. See Doc. No. 59. Rains and Turner now move for disbursement of $1,700,000, arguing that while defendants
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ORDER

BRIAN S. MILLER, District Judge.

The joint motion for disbursement filed by defendants Michelle E. Rains and Rosia Turner [Doc. No. 70] is granted.

On April 2, 2014, plaintiff Pekin Insurance Company deposited two million dollars into the registry of the court pursuant to Rule 67. See Doc. No. 18. On July 16, 2014, $100,000 was disbursed to separate defendant Nichole L. Johnson. See Doc. No. 59. Rains and Turner now move for disbursement of $1,700,000, arguing that while defendants Liberty Mutual Insurance Company and APAC, Inc. are not entitled to any liens, the remaining $200,000 in the registry should satisfy any lien that is found to be valid. Rains and Turner's request is granted. Accordingly, the clerk is directed to make payment of $1,700,000, plus any applicable interest of the account, to the "Bobby McDaniel Client Trust Account," to be divided equally between Rains and Turner.

Additionally, Pekin's motion to dismiss the counter-claim and third-party complaint of Liberty Mutual Insurance Company and APAC, Inc. [Doc. No. 64] is denied without prejudice.

IT IS SO ORDERED.

Source:  Leagle

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