U.S. v. PONNAPULA

Nos. 98-6678, 99-5190 and 99-5192.

246 F.3d 576 (2001)

UNITED STATES of America, Plaintiff-Appellee, First South Bank, formerly known as Hardeman County Bank, Plaintiff, v. Venkat PONNAPULA, Defendant-Appellant, State Bank of India, The New York Branch; Tracey Malone, Defendants-Appellees. United States of America; First South Bank, formerly known as Hardeman County Bank, Plaintiffs, v. Venkat Ponnapula, Defendant-Appellant/Cross-Appellee, State Bank of India, The New York Branch, Defendant-Appellee/Cross-Appellant, Tracey Malone, Defendant-Appellee. United States of America, Plaintiff-Appellee/Cross-Appellant, First South Bank, formerly know as Hardeman County.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 4, 2001.


Attorney(s) appearing for the Case

Sidney P. Alexander, Asst. U.S. Atty., Memphis, TN, William Kanter, Frank A. Rosenfeld, argued and briefed, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for United States in Nos. 98-6678, 99-5190 & 99-5192.

ARGUED: Craig V. Morton, II, MORTON, BREAKSTONE & GERMANY, Memphis, Tennessee, for Venkat Ponnapula in Nos. 98-6678, 99-5190 & 99-5192.

Paul A. Matthews, ARMSTRONG, ALLEN, PREWITT, GENTRY, JOHNSTONE & HOLMES, Memphis, Tennessee, Eugene J. Podesta, Jr., BAKER, DONELSON, BEARMAN & CALDWELL, Memphis, Tennessee, Frank A. Rosenfeld, UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION, Washington, D.C., for Appellees for State Bank of India, The New York Branch in Nos. 98-6678 & 99-5190.

ON BRIEF: Craig V. Morton, MORTON, BREAKSTONE & GERMANY, Memphis, Tennessee, for Appellant.

Paul A. Matthews, ARMSTRONG, ALLEN, PREWITT, GENTRY, JOHNSTONE & HOLMES, Memphis, Tennessee, Eugene J. Podesta, Jr., BAKER, DONELSON, BEARMAN & CALDWELL, Memphis, Tennessee, Frank A. Rosenfeld, UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION, Washington, D.C., for Appellees.

Eugene J. Podestra, Jr., argued and briefed, Baker, Donelson, Bearman & Caldwell, Memphis, TN, for Tracey Malone in Nos. 98-6678, 99-5190 & 99-5192.

Before: BOGGS, SUHRHEINRICH, and JOHN R. GIBSON, Circuit Judges.


Pursuant to Sixth Circuit Rule 206

OPINION

JOHN R. GIBSON, Circuit Judge.

Both sides appeal from the declaratory judgment entered in this interpleader action, brought to determine the owner of an earnest money deposit paid at a foreclosure auction. After a bench trial, the district court entered a judgment awarding roughly half the deposit to the lienholders (the State Bank of India and the United States...

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