STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. DREWRY

Civ. A. No. 476.

191 F.Supp. 852 (1961)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Plaintiff, v. Frank T. DREWRY, Robert T. Drewry, Administrator of the Estate of Viola Layne Drewry deceased, Sarah D. Perkins, Defendants.

United States District Court W. D. Virginia, Lynchburg Division.

On The Merits February 16, 1961.


Attorney(s) appearing for the Case

J. B. Browder, Richmond, Va., and Henry M. Sackett, Jr., Lynchburg, Va., for plaintiff.

Paul Whitehead, Lynchburg, Va., for defendants.


BARKSDALE, District Judge.

Since I have come to the conclusion that defendants' motion to dismiss this action must be overruled, I will set out briefly my reasons for this conclusion.

First, as to the matter of jurisdiction: Counsel for defendants contend that this court is without jurisdiction of this action because, in an interpleader action under 28 U.S.C.A. § 1335, the court only has jurisdiction where the adverse claimants to a fund admittedly owing...

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