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FIRST TENNESSEE BANK N.A. MEMPHIS v. SMITH

No. 83-5501.

766 F.2d 255 (1985)

FIRST TENNESSEE BANK N.A. MEMPHIS, Executor of the Estate of Lula S. Torian, Plaintiff-Appellant, v. Louise Crum SMITH, Ralph Crum, James Crum, F. Bates Sullivan, C.H. Sullivan, Jr., Louise Sullivan Jennings, Virginia Sullivan McDaniels, Mary Charlotte Gibson and Estate of H.D. Torian, Dorothy Hope Sullivan, Robert Lamb Sullivan, David Sullivan and Warren Sullivan, Hon. Henry Wilson and Hon. Leon Hannaford, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1985.

Attorney(s) appearing for the Case

Ben C. Adams (Lead), Robert Mark Glover, Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, P.C., John C. Speer (argued), Memphis, Tenn., for plaintiff-appellant.

John S. Porter (Lead) (argued), Memphis, Tenn., Elton Rieves, III, West Memphis, Ark., Jane M. Wilbourn (Lead) (argued), Jack F. Dunbar, Clarksdale, Miss., for defendants-appellees.

Before KEITH and MARTIN, Circuit Judges, and TAYLOR, District Judge.

ANNA DIGGS TAYLOR, District Judge.

The question presented in this interpleader action is which of two consecutive and conflicting state court decisions is entitled to full faith and credit and preclusive effect in subsequent federal litigation. We affirm the decision of the Honorable Robert M. McRae, Jr., that the last judgment in time must control.

The Mississippi Code, § 91-7-91, and case law thereunder, provide...

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