Opinion
No. 04-00757-W11, Jointly Administered.
March 31, 2005
JOHN F. BURY, WSBA No. 4949, Murphy, Bantz Bury, P.S., Spokane, WA. Attorneys for Debtor in possession.
Diana K. Carey, WSBA No. 16239, Attorneys for OWAL.
ORDER GRANTING IN PART AND DENYING IN PART CLAIMANT RUSSELL JOHNSON'S CONDITIONAL OBJECTION TO DISBURSEMENT OF FUNDS
This matter having come before the Court on Motion for Disbursement of Sales Proceeds (Docket No. 1057) and Russell Johnson, Claimant, having filed a Conditional Objection to Disbursement of Escrow Funds (Docket No. 1139) and the Court having entered a prior Order Disbursing (Docket No. 1815) all but $67,320.00, and that sum being held pending trial on Johnson's Objection, and the parties, Old West Annuity and Life Insurance Company by Attorney Diana K. Carey and Russell L. Johnson by Attorney John F. Bury without conceding liability by either party, but in the interest of resolving this matter without the risks and cost of further litigation, having stipulated that in consideration of the Mutual Release of all claims, causes of action, including claims for attorney fees, interest and costs between Russell L. Johnson and Old West Annuity and Life Insurance Company including release of claims by and against the directors, officers, shareholders, members, employees, attorneys, agents and receiver of Old West Annuity and Life Insurance Company, the following Order be entered, now therefore,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Clerk shall disburse the sum of Forty-Five Thousand Dollars ($45,000.00) to Russell L. Johnson; and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Russell L. Johnson's Objection to Disbursement of the balance of the Escrow Funds is overruled and the balance held in the request of the court pcu including interest shall be disbursed to Old West Annuity and Life Insurance Company by the Clerk of the Court. pcu.