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EVERETT CREDIT UNION v. ALLIED AMBULANCE SERV.

12 Mass. App. Ct. 343 (1981)

424 N.E.2d 1142

EVERETT CREDIT UNION vs. ALLIED AMBULANCE SERVICES, INC. & others.

Appeals Court of Massachusetts, Middlesex.

August 18, 1981.

Attorney(s) appearing for the Case

Hyman Katz for the plaintiff.

Mary E. Dacey, Assistant Attorney General, for the Commonwealth.

Jacob Bloch for Jerome J. Rosenstein & another.

Steven A. Remsberg for Massachusetts Bank and Trust Company.

Philip I. Brennan, of the District of Columbia, for Internal Revenue Service.

Present: BROWN, DREBEN, & KASS, JJ.

DREBEN, J.

Everett Credit Union (Everett), the holder of a mortgage on real estate owned by the debtor, Allied Ambulance Services, Inc. (Allied), conducted a foreclosure sale. This is an interpleader action brought by Everett to resolve competing claims to the surplus proceeds. Everett and the Commonwealth of Massachusetts are two of five claimants to these proceeds, and in their appeals they challenged the order of priority of the claims set forth in the judgment...

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