ROSSETTI v. HILL

No. 11235.

162 F.2d 892 (1947)

ROSSETTI et al. v. HILL et al.

Circuit Court of Appeals, Ninth Circuit.

June 20, 1947.


Attorney(s) appearing for the Case

Lawler, Felix & Hall, of Los Angeles, Cal., for appellants.

Richard H. Forster and Chauncey E. Snow, both of Los Angeles, Cal., for appellees P. B. Hill, Joanne Hill, and Patricia Hill Harder.

Before MATHEWS, STEPHENS and ORR, Circuit Judges.


STEPHENS, Circuit Judge.

The question of jurisdiction is raised by the appellees on petition for rehearing on the ground that Section 2, Article III, of the United States Constitution and the Judicial Code, Section 24, 28 U.S.C.A. § 41, do not give jurisdiction to the federal district court in an interpleader action where all claimants to the fund are residents of the same state.

The appellees rely on the decision in Treinies v. Sunshine Mining Co., ...

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