Rossetti v. Hill

STEPHENS, Circuit Judge.

The question of jurisdiction is raised by the appellees on petition for rehearing on the ground that Section 2, Article III, of the United States Constitution and the Judicial Code, Section 24, 28 U.S.C.A. § 41, do not give jurisdiction to the federal district court in an interpleader action where all claimants to the fund are residents of the same state.

The appellees rely on the decision in Treinies v. Sunshine Mining Co., 308 U.S. 66, 60 S.Ct. 44, 84 L.Ed. 85. In that case the Supreme Court held that the federal district court had jurisdiction under 28 U.. S.C.A. §…