KOEHRING COMPANY v. HYDE CONSTRUCTION COMPANY

Nos. 17502-17504.

424 F.2d 1200 (1970)

KOEHRING COMPANY, a Wisconsin corporation, Plaintiff-Appellant, v. HYDE CONSTRUCTION COMPANY, Inc., a Mississippi corporation, Vardaman S. Dunn, an individual, Charles Clark, an individual, Jack N. Hayes, an individual, David H. Sanders, an individual; Gable, Gotwals, Hays, Rubin & Fox, a partnership, Cox, Dunn & Clark, a partnership, United States Fidelity & Guaranty Co., a Maryland corporation, The First National Bank of Jackson, a Mississippi corporation, Circle "L" Electric Company, a partnership, and Fidelity and Deposit Company of Maryland, a Maryland corporation, Defendant-Appellees and Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

March 19, 1970.


Attorney(s) appearing for the Case

Steven E. Keane, William A. Denny, Maurice J. McSweeney, Milwaukee, Wis., for appellant, Koehring Co.

Walter A. John, Milwaukee, Wis., for appellant Fidelity and Deposit Company of Maryland.

Reginald W. Nelson, Milwaukee, Wis., Vardaman S. Dunn, Charles Clark, Jackson, Miss., Cox, Dunn & Clark, Jackson, Miss., Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, Wis., for appellees.

Before HASTINGS, Senior Circuit Judge, CUMMINGS, Circuit Judge, and DILLIN, District Judge.


DILLIN, District Judge.

This appeal was taken by the plaintiff, Koehring Company (Koehring), a Wisconsin corporation, from a ruling of the District Court dismissing its statutory action in the nature of interpleader, filed pursuant to 28 U.S.C. §§ 1335, 1397. Defendant Fidelity and Deposit Company of Maryland (Fidelity), plaintiff's co-debtor in a Mississippi judgment recovered by the defendant Hyde Construction Company, Inc. (Hyde),1<...

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