The Equitable Life Assurance Society of the United States v. Mary E. Jones, and Melva Lee Jones Homens

My reluctant dissent is generated by my disagreement as to the existence of a con*360troversy between diverse parties which merits our intervention. The only matter open to question truly presented at any time in the litigation was that arising from the conflict of the claims of Melva (wife No. 1) and Mary (wife No. 2), both of whom were non-diverse Maryland citizens.

Judge Winter, outlining the rationale underlying an interpleader action, states:

The appropriate resolution of the inter-pleader action is to absolve the stakeholder from the threat of multiple liability by determining which of the…