Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona SUE A. KLEIN Assistant U.S. Attorney Arizona State Bar No. 11253 Two Renaissance Square 40 North Central Ave., Ste. 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 E-Mail: [email protected]

UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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United States of America, Plaintiff, v. CIV-03-2006-PHX-SRB 192.019 Acres of Land, more or less, located in Yuma County, State of Arizona; Glen G. Curtis, Trustee of Curtis Family Trust; Sam Perricone, Trustee of Amended and Restated Declaration of Revocable Trust of Sam Perricone and Mary Louise Perricone; Earl O. Zion and Esther E. Zion; Yuma County Tax Assessor; Yuma Hospital District No. 1; Yuma County Citrus Pest Control District; Yuma County Pest Abatement District; Yuma County Flood Control District; Farm Credit Services Southwest; And Intangible Property Rights, Yuma Mesa Irrigation and Drainage District, Defendants The United States does not object to the withdrawal of the remainder of the funds on deposit with the Registry of the Court by defendants Glen G. Curtis, Trustee of the Curtis Family Trust dated July 25, 1986; and Sam Perricone, Trustee of the Amended and Restated Declaration of Revocable Trust of Sam Perricone and Mary Louise Perricone dated May 22, 1992, with the understanding that the named defendants agree to repay to the United States of America all or any part of any sums of money withdrawn by order of this Court, if it is determined by this Court that another person or persons is entitled to all or part of said sums of money and said repayment shall be made in whatever amounts and in whatever manner
Case 2:03-cv-02006-SRB Document 105 Filed 09/19/2005 Page 1 of 3

RESPONSE TO MOTION FOR WITHDRAWAL OF REMAINDER OF DEPOSIT BY DEFENDANTS CURTIS

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is directed by this Court. Additionally, if the judgment of this Court fixes the valuation of the estate herein described in the amount or amounts less than the amount of money withdrawn by the defendants by order of the Court, those sums shall be repaid to the United States in an amount of money equal to the difference between the valuation and amount of money withdrawn by order of the Court with interest at the legal rate thereon. The United States would also suggest that the Order of Withdrawal indicate that the defendants will receive the amount of $179,439.55, plus interest if any has been earned while on deposit with the Registry of the Court, in order to account for any additional interest which may have been earned since withdrawal of a portion of the funds by the Yuma Mesa Irrigation and Drainage District. Respectfully submitted this 19th day of September, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/Sue A. Klein SUE A. KLEIN Assistant U.S. Attorney

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I hereby certify that on September 19, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: John A. Weil Weil & Weil, PLLC 1600 S. Fourth Ave., Ste. C Yuma, Arizona 85366-1977 s/Nancy Stotler

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__________________________
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I hereby certify that on September 19, 2005, I served the attached document by mail on
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the following, who is not a registered participant of the CM/ECF System.
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Edward Patrick Feheley Yuma County Attorney Civil Division 198 S. Main Street Yuma, AZ 85364-1419 s/Nancy Stotler ___________________________