Smith v. Baker's Local No. 433 Welfare Fund

I regret that I must respectfully dissent from the majority opinion in this case. I do so not so much because I take issue with the result reached by the majority but because I believe that the route taken by the majority to reach that result is inappropriate and, if left alone, may lead others into believing the procedures set out in the majority opinion are appropriate or that the rules suggested are valid.

To begin with, the majority opinion recites:

This is an action in the nature of interpleader and for a declaratory judgment to determine the rights to $6,629.70 which was a part of the…