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S&B Trucking, Inc v. Buehner Construction Llp

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHWESTERN DIVISION


May 23, 2012

S&B TRUCKING, INC., PLAINTIFF,
v.
BUEHNER CONSTRUCTION LLP, DEFENDANT/THIRD PARTY PLAINTIFF,
v.
BARNES TRUCKING, WILLIAM MCCORQUODALE, HIGH PLAINS TRUCKING, ROSS MCCORQUODALE, SHAWN MURSCHEL/CITIES TRUCKING, ZERCK LOGGING, LLC, MIKE POLLESCH/POLLESCH, LLC, BOOTH TRUCKING, EVANS EXCAVATING, LLC, KT TRUCKING, ROCK SHOP, LLC, B. PHILLIPS AUTO CORP., THIRD PARTY DEFENDANTS.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER FOR DEPOSIT OF FUNDS

Plaintiff S&B Trucking ("S&B") and Defendant Buehner Construction, LLP ("Buehner") have, pursuant to Fed. R. Civ. P. 67 and D.N.D. Gen. L.R. 1.10(B), stipulated that Buehner will deposit the sum of $184,320.00 in the Court's registry with the understanding that this deposit neither releases Buehner from this lawsuit nor constitute a release of S&B's claims. (Docket No. 47). Accordingly, it is hereby ORDERED that Buehner shall deposit the total sum of $184,320.00 in the Court's registry as follows:

1. A check in the amount of $184,320.00 shall be sent to the United States District Court, Clerk of Court, 220 East Rosser Avenue, P.O. Box 1193, Bismarck, North Dakota 58502.

2. The check shall be made payable to Wells Fargo Bank.

3. The check shall include a reference to the case number.

4. The funds shall be deposited by the Clerk in an interest bearing account at Wells

Fargo Bank. The Clerk shall deduct a registry fee from income earned on the deposit

when the funds are withdrawn and distributed.

Charles S. Miller, Jr.

20120523

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