Arkansas Louisiana Gas Co. v. Luster, 79-1110
| Citation | 604 F.2d 31 |
| Decision Date | 19 September 1979 |
| Docket Number | No. 79-1110,79-1110 |
| Parties | ARKANSAS LOUISIANA GAS CO., Appellant, v. A. D. LUSTER, David Wilkins and Mike Kinard, Farmer's Seafood Company, Inc., Bank of Northeast Arkansas, First National Bank of Poinsett County, First Security Bank of Searcy, Paul L. Simpson and Norma Simpson, Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Appeal from United States District Court, Eastern District of Arkansas; Richard Sheppard Arnold, District Judge.
G. D. Walker, Frierson, Walker, Snellgrove & Laser, and Anthony W. Bartels, Jonesboro, Ark., for appellant.
Kelley Webb, Trumann, Ark., for appellee, Farmer's Seafood Co. Parker & Henry, Michael R. Walden, Jonesboro, Ark., for appellee, Bank of Northeast Arkansas.
Comer Boyett, Jr., Boyett & Morgan, Searcy, Ark., for appellee, First Security Bank.
Bill W. Bristow, Jonesboro, Ark., for appellee, A. D. Luster.
Before HEANEY, ROSS and McMILLIAN, Circuit Judges.
This is an appeal by Arkansas Louisiana Gas Co. (Ark. Gas) from a judgment rendered in an interpleader action in the United States District Court for the Eastern District of Arkansas, Judge Arnold, presiding, Equifax, Inc. v. Luster et al., 463 F.Supp. 352. Jurisdiction in the lower court was predicated on 28 U.S.C. § 1335.
In December of 1976, A. D. Luster obtained a judgment against Equifax, then known as Retail Credit Company. That judgment was affirmed by the court in Luster v. Retail Credit Co., 575 F.2d 609 (8th Cir. 1978) upon the condition of a remittitur reducing the judgment from $150,000 to $50,000. Id. at 619-20. The remittitur was filed on June 15, 1978. See Equifax, Inc. v. Luster, 463 F.Supp. 352, 353 (E.D.Ark.1978). Between December of 1976 and June 15, 1978, various judgment creditors of A. D. Luster attempted to enforce their judgments against him by garnishing the fund held by Equifax. Ark. Gas chose to establish its lien on the fund by a creditor's suit it instituted in a court of chancery on June 14, 1978. See Ark.Stat.Ann. § 30-901 (1962). On June 23, 1978, Equifax instituted an interpleader action under 28 U.S.C. § 1335, joining Luster and his judgment creditors as defendants.
The district court treated the pleadings as a motion for summary judgment, and awarded priority first to attorneys for Equifax, and then to attorneys for Luster. The court allocated the remainder of the fund to three judgment creditors whose writs of garnishment had been served prior to the time Ark. Gas...
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