Legal Opinion

Scottrade, Inc. v. Davenport

District Court, D. Montana

Decided June 5, 2012No. Case No. CV-11-3-BLG-RFCPublished

1Opinion of the Court

ORDER RE: MOTIONS FOR SUMMARY JUDGMENT

RICHARD F. CEBULL, District Judge.

I. Introduction

Scottrade, Inc., an online brokerage firm, filed this interpleader action in early 2011 to resolve ownership of the account of a deceased account holder, James LeFeber (“Jim” or “LeFeber”). Although LeFeber executed a Transfer on Death Beneficiary Plan (“TOD Plan”) a month before his death directing how his Scottrade account should be distributed, one of his beneficiaries, Defendant Kristine Davenport, a former girlfriend, claims entitlement to the entire account. The four other beneficiaries do not contest…

2Cases cited34 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Keenan v. AllanCourt of Appeals for the Ninth Circuit · 1996
  4. Kay v. EhrlerSupreme Court of the United States · 1991
  5. Cedars-Sinai Medical Center v. Superior CourtCalifornia Supreme Court · 1998

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