US Bank Trust, N.A. v. Dickey et al
| US Bank Trust, N.A. |
| James S. Dickey, Endeavor Capital Funding LLC and United States of America |
| 1:2017cv10009 |
| January 4, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Barnstable |
| M. Page Kelley |
| Taxes (US Plaintiff or Defendant) |
| 28 U.S.C. ยง 1444 |
| None |
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Filing
59
Chief Judge Patti B. Saris: ORDER entered. ORDER OF DISMISSAL. This interpleader action is DISMISSED WITHOUT PREJUDICE. The Court has not addressed the case on the merits. However, based on the parties representations at the hearing, Defendants ind ividual claims to the surplus funds do not exceed $440,893.64. An interpleader action is not appropriate under these circumstances where the claimants are not adverse. See Hudson Sav. Bank v. Austin, 479 F.3d 102, 107 (1st Cir. 2007) ([I]nterple ader is not available unless the defendants claims are adverse to each other. (citation omitted)); see also State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523, 537 (1967) (noting that federal interpleader was not intended to serve the function of a bill of peace). For this reason, all claims and counterclaims in this action are DISMISSED WITHOUT PREJUDICE.(Geraldino-Karasek, Clarilde)
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