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TRINITY UNIVERSAL INS. CO. v. ROCKY MOUNTAIN WHOLESALE CO.

No. 8030.

353 F.2d 574 (1965)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. ROCKY MOUNTAIN WHOLESALE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 20, 1966.

Attorney(s) appearing for the Case

Owen Marron, Albuquerque, N. M. (Marron & Houk, Albuquerque, N. M., with him on the brief), for appellant.

David H. Kelsey, Albuquerque, N. M. (Smith & Ransom, Albuquerque, N. M., with him on the brief), for appellee.

Before PHILLIPS, BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellant commenced this action seeking to require Rocky Mountain Wholesale Co. and Jack Beaty, Inc. to interplead and to settle between themselves their claims to the sum of $25,000.00 which had been paid into court by the appellant.

This sum represented the amount which the plaintiff admitted to be due under a fidelity bond which it had issued to Rocky Mountain Wholesale Co., Inc. The tender of this amount by the plaintiff to both...

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