Westinghouse Electric Corp. v. United Electrical Radio and MacHine Workers of America

HASTIE, Circuit Judge.

In this case a defendant is asking us to review the normally discretionary action of a court of first instance in granting a plaintiff’s motion to discontinue and dismiss his suit before trial.

The plaintiff, Westinghouse Electric Corporation, a Pennsylvania corporation with its principal place of business in Pittsburgh, Pennsylvania and plants in other states, instituted this suit as an action of strict interpleader under Section 1335 of Title 28, United States Code. It deposited in the registry of the district court about $270,000 representing union dues collected…