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FAMILYFIRST BANK v. KUSEK

Civil Action No. 08-30130-KPN.

657 F.Supp.2d 258 (2009)

FAMILYFIRST BANK f/k/a Ware Cooperative Bank, Plaintiff v. Stanley KUSEK, Sr., Audra Lee Chartier, David W. Kusek, Joseph W. Burek, Trustee of Burek Realty Trust, Inland Gasoline Stations, Inc., Joe's Truck Repair, Inc., Navjeet K. Bal, Commissioner Commonwealth of Massachusetts Department of Revenue, and United States Internal Revenue Service, Defendants.

United States District Court, D. Massachusetts.

July 15, 2009.

Attorney(s) appearing for the Case

Robert S. White, Bourgeois, Dresser & White, Worcester, MA, for Plaintiff.

Karen Wozniak, U.S. Department of Justice, Washington, DC, John J. McCarthy, Doherty, Wallace, Pillsbury & Murphy, Springfield, MA, Eileen Ryan McAuliffe, Massachusetts Department of Revenue, Boston, MA, for Defendants.

MEMORANDUM AND ORDER WITH REGARD TO THE INTERNAL REVENUE SERVICE'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION FOR SUMMARY JUDGMENT (Document Nos. 38 and 43)

NEIMAN, United States Magistrate Judge.

This is an interpleader action commenced by FamilyFirst Bank f/k/a Ware Cooperative Bank ("the Bank") concerning $97,019.13 remaining after foreclosing on a mortgage it held on real estate owned by David Kusek ("Kusek") at 189 River Road in Ware, Massachusetts...

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