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HOORNSTRA v. U.S.

No. 91-2171.

969 F.2d 530 (1992)

Dennis W. HOORNSTRA, Plaintiff, v. UNITED STATES of America, Defendant-Appellee, and The State of Illinois, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 1992.

Attorney(s) appearing for the Case

Dennis W. Hoornstra, pro se.

Eileen M. Marutzky, Asst. U.S. Atty., Criminal Div., Chicago, Ill., Gary R. Allen, David I. Pincus, Jordan L. Glickstein (argued), Mark Winer, Dept. of Justice, Tax Div., Appellate Section, Washington, D.C., for defendant-appellee.

Deborah L. Ahlstrand, Asst. Atty. Gen. (argued), Office of Atty. Gen., Chicago, Ill., for defendant-appellant.

Before FLAUM and KANNE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

KANNE, Circuit Judge.

In this interpleader action, the United States of America and the State of Illinois raise competing claims to the funds of an escrow account. The district court granted summary judgment in favor of the United States. 764 F.Supp. 107. We reverse.

The relevant facts are not in dispute. Malcolm Quick contracted to buy from the Southwest Mini Mart Corporation ("Mini Mart") all the assets of a Mini Mart...

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