KELLY v. RAESE

Nos. 9918, 9919.

377 F.2d 263 (1967)

Jane Greer KELLY, individually and/or in any fiduciary capacity, and as legal guardian and custodian of Richard Greer Raese and John Reeves Raese, defendants, Appellant, v. Richard Greer RAESE and John Reeves Raese, infants, by Richard Aubrey Raese, their duly authorized legal guardian; Richard Aubrey Raese, as legal guardian of Richard Greer Raese and John Reeves Raese, infants, and Richard Aubrey Raese, individually, Appellees. PRESTON CORPORATION and Preston Public Service Corporation, Plaintiffs, Appellants, v. Richard Greer RAESE and John Reeves Raese, infants, by Richard Aubrey Raese, their duly authorized legal guardian; Richard Aubrey Raese, as legal guardian of Richard Greer Raese and John Reeves Raese, infants, and Richard Aubrey Raese, individually, Appellees.

United States Court of Appeals Fourth Circuit.

April 18, 1967.


Attorney(s) appearing for the Case

William H. Arkin, Washington, D. C., for appellants.

James M. Guiher, Clarksburg, W. Va., (Steptoe & Johnson, Clarksburg, W. Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and HUTCHESON, District Judge.


HAYNSWORTH, Chief Judge:

This appeal is from a decision by the District Court for the Northern District of West Virginia dismissing both an action in the nature of an interpleader and a cross-claim by one defendant against another.1 We think the District Court properly dismissed this attempt to bring this continuing internecine war into the District Court.

Raese, a West Virginia resident, and Mrs. Kelly, a Florida resident, were...

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