IN RE LARSEN

Bankruptcy No. 87C-02615. Adv. No. 92PC 2400. No. 92-C-1034J.

172 B.R. 988 (1993)

In re C. Dean LARSEN, Debtor. BUSCH-PROVO, LTD., a Utah limited partnership, Plaintiff, v. Mary Ellen SLOAN, as Trustee of the Chapter 7 Estate of C. Dean Larsen, Mary Jo Larsen, Kenneth Rushton, as Trustee of the Chapter 7 Estate of Shim Investments (Bankruptcy Case No. 91C-26778), Dycom Enterprises, Inc., a Utah corporation, and Sheryl G. Miller, Defendants.

United States District Court, D. Utah, Central Division.

August 10, 1993.


Attorney(s) appearing for the Case

Michael R. Carlston, Snow, Christensen & Martineau, Salt Lake City, UT, for Busch-Provo, Ltd.

William T. Thurman, Gregory J. Adams, McKay, Burton & Thurman, Salt Lake City, UT, for Dycom Enterprises, Inc. and Mary Jo Larsen.

Rick L. Knuth, David W. Scofield, Parsons, Davies, Kinghorn & Peters, John B. Maycock, Salt Lake City, UT, for Mary Ellen Sloan.

Kenneth A. Rushton, Lehi, UT, Stephen R. Randle, Randle Deamer Zarr & Lee P.C., Salt Lake City, UT, for Kenneth Rushton.


MEMORANDUM OPINION AND ORDER

JENKINS, District Judge.

I. Introduction

This adversary interpleader proceeding was commenced by a complaint filed October 7, 1992, in the United States Bankruptcy Court under Bankruptcy Rule 7022. Rule 7022 applies Rule 22 of the Federal Rules of Civil Procedure to bankruptcy adversary proceedings.1 Plaintiff, Busch-Provo Limited Partnership ("Busch-Provo"), paid into the bankruptcy court...

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