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NATIONWIDE MUT. FIRE INS. CO. v. EASON

No. 83-2085.

736 F.2d 130 (1984)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. J.R. EASON, Larry Eason, Harry S. Honeycutt, Cecil Honeycutt, C.C. Honeycutt, Mike Bullard, W.M. Matthews, Ervin Hall, Equay Autry, Tom Q. Autry, J.R. Blanchard, E.J. Core, Erston C. Dawson, Hurley Dawson, Bertran Jackson, Deems Jackson, Azery Matthews, Ruby Dell Matthews, Kenneth Matthews, Lattie Stewart, Luther Stewart, Thurman Tyndall, Dixon Williams, C.W. Williams, The North Carolina Department of Agriculture, and Robert H. Bartelt, Trustee for Autry Milling, Inc., Appellees. In re AUTRY MILLING, INC., Debtor.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1984.

Attorney(s) appearing for the Case

John N. Hutson, Raleigh, N.C. (Moore, Ragsdale, Liggett, Ray & Foley, P.A., Raleigh, N.C., on brief), for appellant.

Robert H. Bartelt, Fayetteville, N.C. (Clark, Shaw, Clerk, Bartelt & Lingle, Fayetteville, N.C., on brief), for appellees.

Before HALL, PHILLIPS and SPROUSE, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

Nationwide Insurance Co. (Nationwide) appeals the bankruptcy court's order denying its request that the court remit the proceeds of a grain dealer's bond which were deposited by Nationwide in an interpleader action. Nationwide contends that the proceeds were not property of the debtor's estate and that, after the defendants in the interpleader action suffered a default judgment, the bankruptcy court was bound to return the proceeds...

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