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CONSOLIDATION COAL COMPANY v. BAILEY

No. 71-1846.

467 F.2d 1124 (1972)

CONSOLIDATION COAL COMPANY, a corporation v. Lawrence W. BAILEY, individually and as the representative party of all other persons in the class similarly situated, Appellant, The Township of Perry, Greene County, Pennsylvania, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided September 27, 1972.

Attorney(s) appearing for the Case

Franklin D. Cleckley, Morgantown, W. Va. (Harry F. Swanger, Pittsburgh, Pa., on the brief), for appellant.

Clayton A. Sweeney, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa. (John I. Hook, Jr., Waynesburg, Pa., Bartlett H. McGuire, David H. Perez, Pittsburgh, Pa., on the brief), for appellees Township of Perry and others.

Before McLAUGHLIN, ADAMS and GIBBONS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Appellant Bailey, a class action defendant in an interpleader action, appeals the determination by the district court, 330 F.Supp. 474, that the Township of Perry, Pennsylvania, the adverse claimant to the interpleaded fund, was entitled thereto. The fund consists of monies withheld from wages earned by the class members from Consolidation Coal Company, the plaintiff in interpleader....

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