ALLSTATE INSURANCE COMPANY v. McNEILL

No. 10912.

382 F.2d 84 (1967)

ALLSTATE INSURANCE COMPANY, and Josiah S. Murray, III, Administrator of the Estates of Leroy Canaty, Sr. and Leroy Canaty, Jr., Appellees, v. Raymond McNEILL and Queen City Coach Company, Appellants.

United States Court of Appeals Fourth Circuit.

Decided July 21, 1967.


Attorney(s) appearing for the Case

Charles T. Myers, Charlotte, N. C., (Myers & Totherow, Charlotte, N. C., on brief), for appellants.

Jerry S. Alvis, Raleigh, N. C. (Dupree, Weaver, Horton, Cockman & Alvis, Raleigh, N. C., on brief), for appellee Allstate Ins. Co.

Josiah S. Murray, III, Durham, N. C., and David A. White, Rock Hill, S. C. (Newsom, Graham, Strayhorn & Hedrick, Durham, N. C., and Roddey, Sumwalt & Carpenter, Rock Hill, S. C., on brief), for appellee Administrator.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and SIMONS, District Judge.


ALBERT V. BRYAN, Circuit Judge:

This statutory interpleader action was instituted by Allstate Insurance Company, appellee, under 28 U.S.C. § 1335, to obtain an equitable and conclusive distribution of moneys payable under an automobile liability policy it had issued on July 20, 1962 to Sam McCullough. With requisite diversity of citizenship among the interpleaded defendants, Allstate deposited the fund in the registry of the District Court and prayed discharge...

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