Cattle Owners Corp. v. Arkin

267 F. Supp. 658, 1967 U.S. Dist. LEXIS 11452
CourtDistrict Court, S.D. Iowa
DecidedApril 6, 1967
DocketNos. 5-1323, 5-1324
StatusPublished
Cited by1 cases

This text of 267 F. Supp. 658 (Cattle Owners Corp. v. Arkin) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cattle Owners Corp. v. Arkin, 267 F. Supp. 658, 1967 U.S. Dist. LEXIS 11452 (S.D. Iowa 1967).

Opinion

MEMORANDUM AND ORDER RE DISTRIBUTION

HANSON, District Judge.

INTRODUCTION

The major premise that “all things must end” has appropriate application in these proceedings. In previous rulings, orders, and judgments the historical sequence of these causes have been supplied; they will not again be reiterated. Suffice it to say; on August 25, 1964, the Receiver filed in each of these cases a document entitled “Report and Recommendations of Receiver in Response to Court Order of July 8, 1964.” In these reports the Receiver recommended that the assets be turned over to the respective bankruptcy trustees and that, on final distribution, the investors be treated as general creditors of the bankrupts.

On February 28, 1966, this Court filed its Memorandum and Order, 252 F.Supp. 34, rejecting the Receiver’s recommendations for turnover and distribution. Judgment was entered on that date denying and rejecting the Receiver’s report and recommendations, holding that the Trustees have no interest in the assets in the custody of the Receiver, decreeing that there is no just reason for delay, and directing the entry of final judgment against the Receiver and Trustees. The Court reserved jurisdiction only as to the distribution of assets, set a hearing on March 15, 1966, for consideration of proposed orders of distribution, and provided that: “Subsequent thereto, the Court will direct the Receiver to file his Report and prescribe a limited time for [660]*660filing objections thereto or for filing claims for the proceeds of specific animals.”

On May 5,1966, following this hearing, the Court entered a Memorandum and Order directing the Receiver to prepare a Report for Distribution in each receivership, and specifying in detail, how such Reports should be prepared. Said Order provided that, within five days after the filing of such Reports, the Receiver should mail copies of same to all parties or their counsel, and give notice that all objections to the distribution proposed therein, including any claims of ownership of specific cattle or proceeds thereof held by the Receiver or individual owners, must be filed within 20 days after the filing of said Reports. Said order further provided that “The Court will thereafter hear all objections and claims in opposition to the Receiver’s Report for Distribution and will order such distribution of the funds in the hands of the Receiver as may be appropriate.”

The Receiver filed Reports of Proposed Distribution on August 31, 1966. Objections thereto were filed by several of the parties, and various parties filed Replies to the Objections filed by others. On February 21, 1967, an Order was filed setting for hearing and trial all undisposed of motions and objections in these causes, of which notice was given to all parties, which hearing was set for March 13, 1967, at 10:00 a. m.

There was thus before the Court at said hearing and trial all issues relating to the distribution of the assets accumulated by the Receiver in these causes, and all matters pertinent to the disposition of same, including all pleadings and motions heretofore filed, all evidence taken, all prior memoranda and orders of this Court, and all other matters of record in these causes. It was understood and agreed by all parties that all of the foregoing could and should be considered by the Court in making this decision.

All parties had the opportunity to present such evidence and argument as they desired. By reason of withdrawal of certain objections and issues, and failure to offer evidence on certain others, the scope of the evidence and argument offered at the hearing commencing March 13, 1967, was limited principally to the following:

(1) The claim of Mike Sherman that $1,337.75 received by the Receiver from Hi-Dollar Sales Company should be paid to Mike Sherman, rather than treated as unallocated funds and applied against general expenses of the Receivership in the swine case;

(2) The claims of Nathan Sheinman, Mortimer Roaman, Ebe Celia Zuckerman and Richard Zimmerman that distribution in the swine case should be on a “net investment basis” rather than as proposed in the Receiver’s Report;

(3) The claim of Meservey Livestock Corporation that Leo Jacobson transferred his interest in swine to it;

(4) The claim of Bertel G. Smith, purportedly in behalf of Foremost Breeders, Inc., and the claim of Bertel G. Smith, Administrator, that the Jacobson Estate, as beneficial owner of Foremost Breeders, Inc., should have distribution of cattle proceeds, free of the liens of mortgages placed on said animals by Leo Jacobson, and that the Receiver’s Report of distribution in the cattle case gives the banks and Mike Sherman a lien on assets to which they are not entitled (the “dragnet clause” issue);

(5) The claim of Edward R. Boyle to a lien for attorney’s fees against the interests of Leo Jacobson’s Estate and Martha Jacobson in the cattle case.

Now, therefore, having in mind the evidence offered at the hearing commencing March 13,1967, and all pleadings, motions, memoranda and orders of Court heretofore filed in these cases, all evidence heretofore offered, and all other matters of record herein, the Court makes and enters the following findings of fact, conclusions of law, and order:

FINDINGS OF FACT

Objections of Mike Sherman.

1. The Court has heretofore decreed, and the Receiver’s Report in Civil [661]*661No. 5-1324 recognizes, that Mike Sherman has a lien in the amount of $20,000.-00, plus interest at 7% from January 15, 1962, against the interest of Kirshman Associates by reason of a mortgage on their hogs. Over a year prior to the commencement of this case, Hi-Dollar Sales Co. came into possession of funds in the amount of $1,337.75 belonging to Kirshman Associates, by reason of sale of hogs belonging to same, which were subject to the lien of the mortgage held by Mike Sherman. Pursuant to order of this Court, dated May 28, 1964, these funds were turned over to the Receiver for future distribution to the proper party. The Receiver’s Report treats this money as unallocated funds, to be applied against the general expenses of the receivership. Mike Sherman has objected to this, claiming that this money does not belong in the receivership, and that he is the proper party to receive same. No party has contested Mike Sherman’s claim. The court finds that his objections should be sustained, and that this money should be paid to him forthwith.

Theory of distribution in swine case.

2. Objections to the Receiver’s Report of Distribution have been filed by Nathan Sheinman, Mortimer Roaman, Ebe Celia Zuckerman and Richard Zimmerman. All of them urge the Court to distribute swine on a “net out-of-pocket investment” theory and base their proposal on an extension of Receiver’s Exhibit T-81-S, offered into evidence over objections as to admitted inaccuracies in the hearing before this Court commencing January 5, 1965. These objectors offered evidence of certain acts of Carroll Morris, d/b/a Swine Improvement Association, which are claimed to have resulted in inequities. It appears to the Court that the objectors have failed to show that they were in any way prejudiced by such acts, all of which took place prior to the formation of Swine Owners Corporation.

3.

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Cite This Page — Counsel Stack

Bluebook (online)
267 F. Supp. 658, 1967 U.S. Dist. LEXIS 11452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cattle-owners-corp-v-arkin-iasd-1967.