FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. COMMONWEALTH OF PENNSYLVANIA

No. 18565.

438 F.2d 922 (1971)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. The COMMONWEALTH OF PENNSYLVANIA, Linda Barker, a minor, by Cecil Barker, her parent and natural guardian et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided February 9, 1971.


Attorney(s) appearing for the Case

P. J. McArdle, Pittsburgh, Pa., for appellants.

George M. Weis, Weis & Weis, Pittsburgh, Pa., for appellee.

Before HASTIE, Chief Judge, and STALEY and GIBBONS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

Fidelity and Deposit Company of Maryland ("Fidelity") initiated this action by filing a complaint in interpleader under 28 U.S.C. § 1335, naming as defendants the Commonwealth of Pennsylvania and certain individuals. The individuals were students and their parents who had paid tuition at two private schools operated by Pittsburgh Careers, Inc. The complaint alleged that Fidelity

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