HORIZON BANK AND TRUST CO. v. FLAHERTY

No. CIV.A.03-11524-WGY.

309 F.Supp.2d 178 (2004)

HORIZON BANK AND TRUST COMPANY, Plaintiff, v. Paul FLAHERTY and Susan Manning, Trustees of Custom House Associates Realty Trust, Custom House Associates Limited Partnership, the United States Internal Revenue Service, the Commonwealth of Massachusetts Department of Revenue, Giarrusso Norton Cooley & McGlone, P.C., and Eastern Bank Defendants.

United States District Court, D. Massachusetts.

February 5, 2004.


Attorney(s) appearing for the Case

Edward C. Cooley, Giarusso, Norton, Cooley & McGlone, Quincy, MA, for Giarrusso, Norton, Cooley, and McGlone, P.C., Defendant.

William J. Donahue, Devine, Millimet & Branch, Andover, MA, for Horizon Bank and Trust Company, Plaintiff.

Robert J. Hundertmark, Devine, Millimet & Branch, P.A., Andover, MA, for Horizon Bank and Trust Company, Plaintiff.

Martin Jacobs, Brody & Jacobs, Boston, MA, for Eastern Bank, Defendant.

Kevin J. Madden, Quincy, MA, for Paul Flaherty, Defendant.

Eileen Ryan McAuliffe, Massachusetts Department of Revenue Litigation Bureau, Boston, MA, for Susan Manning, Commonwealth of Massachusetts (Department of Revenue), Defendants.

George R. Moore, Devine, Millimet & Branch, PA, Andover, MA, for Horizon Bank and Trust Company, Plaintiff.

Barbara Healy Smith, United States Attorney's Office, Boston, MA, for United States of America (Internal Revenue Service), Defendant.

Stephen J. Turanchik, U.S. Department of Justice, Trial Attorney, Tax Division, Washington, DC, for United States of America (Internal Revenue Service), Defendant.


MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

The plaintiff, Horizon Bank and Trust Company ("Horizon"), brought this action in interpleader in the Massachusetts Superior Court sitting in and for the County of Norfolk to determine the proper disposal of surplus funds available after a foreclosure sale of real property owned by Custom House Associates Realty Trust ("Custom House"). Among the defendants who have an interest in the...

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