RAILWAY EXPRESS AGENCY v. JONES

No. 6854.

106 F.2d 341 (1939)

RAILWAY EXPRESS AGENCY, Inc., v. JONES et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 18, 1939.


Attorney(s) appearing for the Case

James F. Oates, Jr., Ralph F. Himmelhoch, George Ragland, Jr., and James W. Coultrap, all of Chicago, Ill. (Sidley, McPherson, Austin & Burgess, of Chicago, Ill., of counsel), for appellant.

Edward J. Hess, George M. Crane, Thomas V. Sullivan, Frank E. McAllister, Clement J. Wall, Jr., and William J. Campbell, all of Chicago, Ill., for appellees.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.


EVANS, Circuit Judge.

The orders from which this appeal is taken, among other things, denied defendant's, Railway Express Agency, Inc.'s, motion to file its counterclaim, which was a bill in the nature of a bill of interpleader. The propriety of this action is the subject of review by this appeal.

The controversy concerns two legal questions: (a) Plaintiffs' right to maintain a class suit. (b) The Railway Express Agency's right to file, by way of a counterclaim...

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