KIMBERLY-CLARK CORPORATION, Plaintiff,
v.
ALPHA BUILDING COMPANY, et al., Defendants.
MERCHANTS AND FARMERS BANK, Defendant and Third-Party Plaintiff,
v.
AMERICAN FIDELITY FIRE INSURANCE COMPANY, Third-Party Defendant and Counterclaimant.
United States District Court, N.D. Mississippi, E.D.https://leagle.com/images/logo.png
June 13, 1984.
June 13, 1984.
Attorney(s) appearing for the Case
Orma R. Smith, Jr., J. Price Coleman, Smith, Downs, Ross, Trapp & Coleman, Corinth, Miss., for plaintiffs.
J. Gordon Flowers, Gholson, Hicks & Nichols, Columbus, Miss., for defendants Alpha Bldg. Co., Inc., and Larry Fuller and Norman Jamison, d/b/a Alpha Bldg. Co. and Alpha Builders, and Merchants and Farmers Bank.
James H. Mathis, Corinth, Miss., for defendants Barnes and Wallace Bldg. Supply, Inc., and Bobby McDaniel, d/b/a Corinth Motor and Machine Works.
William L. Sharp, Sharp & Fisher, Corinth, Miss., for defendant Bailey Williams Agency, Inc.
Rebecca Coleman Phipps, Coleman & Phipps, Corinth, Miss., for defendants Dwight McKee, Shirley McKee, and Area Petroleum Co., Inc.
Gerald R. McLemore, Price, Krohn & McLemore, Corinth, Miss., for defendants General Bldg. Supply Co., Inc., and Bill Norman, d/b/a Norman's Firestone Service Center.
G.A. Gafford, Freeland & Gafford, Oxford, Miss., for defendants Burton Shearin and Michael Shearin — Boliver Sand Co., Inc.
Ron A. Yarbrough, Ott & Purdy, Ltd., Jackson, Miss., for American Fidelity Fire Ins. Co.
Thomas L. Segrest, Graham, Segrest & Johnson, Columbus, Miss., for Steve Jamison.
Bennie L. Turner, Turner & Walker, West Point, Miss., for B & I Const. Co.
Wilbur O. Colom, Colom, Mitchell & Colom, Columbus, Miss., for Renee Means.
Glen H. Davidson, U.S. Atty., Thomas W. Dawson, Asst. U.S. Atty., Oxford, Miss., William D.M. Holmes, U.S. Dept. of Justice, Tax Div., Washington, D.C., for the U.S.
United States District Court, N.D. Mississippi, E.D.
MEMORANDUM OPINION
SENTER, Chief Judge.
This interpleader action comes before the court on seven motions for summary judgment. Having read the memoranda submitted by the parties together with the affidavits and exhibits and being otherwise fully advised in the premises, the court is now in a position to address the issues raised by these motions.
The facts relevant to these motions are as follows:
On or about March 27, 1979, Larry Fuller...
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