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AIRBORNE FREIGHT CORP. v. U.S.

No. 98-60692.

195 F.3d 238 (1999)

AIRBORNE FREIGHT CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, et al., Defendants, R.R. Morrison & Son, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 23, 1999.

Attorney(s) appearing for the Case

Hubert Wesley Williams (argued), Robert Niles Hooper, Markow, Walker & Reeves, Ridgeland, MS, for Plaintiff-Appellee.

Kenneth Bryan Rector (argued), Wheeless, Beanland, Shappley & Bailess, Vicksburg, MS, for Defendant-Appellant.

Before GARWOOD, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

R.R. Morrison & Son, Inc. ("Morrison"), seeks dismissal of this interpleader suit and dissolution of an injunction, on grounds of jurisdiction and equity. Because we agree with Morrison that the district court lacked jurisdiction to hear an interpleader on these facts, we vacate and remand for purposes of dismissal and of dissolution of the injunction.

I.

Airborne Freight Corporation ("Airborne") seeks status as...

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