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Summit Financial Resources L.P. v. Big Dog Enterprises Logistics

July 13, 2009

SUMMIT FINANCIAL RESOURCES L.P., PLAINTIFF,
v.
BIG DOG ENTERPRISES LOGISTICS, LLC, D/B/A FREIGHT HAULING LOGISTICS, THE HURSEY GROUP, LLC, AGED ASSETS, LLC, COMMERCIAL PROPERTY MANAGEMENT, LLC, HURSEY TECHNOLOGY, LLC, DAVID HURSEY, SUSAN HURSEY, AND PEERLESS-PREMIER APPLIANCE CO., DEFENDANTS.
PEERLESS PREMIER APPLIANCE CO., COUNTERCLAIM/INTERPLEADER PLAINTIFF,
v.
SUMMIT FINANCIAL RESOURCES L.P., COUNTERCLAIM/INTERPLEADER DEFENDANT.
PEERLESS PREMIER APPLIANCE CO., CROSS-CLAIM/INTERPLEADER PLAINTIFF,
v.
BIG DOG ENTERPRISES LOGISTICS, LLC, D/B/A FREIGHT HAULING LOGISTICS, DAVID HURSEY, THE HURSEY GROUP, LLC, AND CSX INTERMODAL, INC., ESTES EXPRESS LINES, OVERNIGHT TRANSPORT-UPS FREIGHT, LANDSTAR RANGER, AND SCHNEIDER NATIONAL CARRIERS, CROSS-CLAIM/INTERPLEADER DEFENDANTS.



The opinion of the court was delivered by: Reagan, District Judge

ORDER FOR DISBURSEMENT OF INTERPLEADER STAKE AND DISMISSAL OF INTERPLEADER CLAIMS

Plaintiff and Third Party Defendant Summit Financial Resources, L.P. ("Summit) and Third Party Defendants CSX Intermodal, Inc. ("CSX"), Estes Express Lines ("Estes"), Overnight Transport-UPS Freight ("Overnite"), Landstar Ranger, Inc. ("Landstar"), and Schneider National Carriers ("Schneider") (CSX, Estes, Overnite, Landstar and Schneider are referred to herein collectively as "Carriers") have filed a Stipulated Motion for Disbursement of Interpleader Stake and Dismissal of Interpleader Claims dated June 16, 2009 (Doc. 376). Peerless-Premier Appliance Company, the party who interpled the stake, has also filed a motion in support of disbursement (Doc. 387).

Having fully reviewed the parties' filings, the Court hereby GRANTS these motions (Docs. 376 & 387) as follows:

1. The Stake (as defined in the Motion) and all interest accrued thereon*fn1 shall be distributed and disbursed as follows:

Party Amount of Stake Portion of Accrued Percentage Portion of Interest as of 07-13-09 Additional Interest

Summit $61,497.08 $63.79 42.65%

$136,811.57 - $13.18

$198,308.65 $50.61

CSX $67,496.69 $21.70 18.29%

Estes $100,004.02 $32.15 27.10%

Schneider $1,324.24 $0.42.35%

Overnite $41,000.00 $13.18 11.11%

Landstar $1,846.96 $0.59.50%

Totals $409,980.56 ...


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