Soutullo v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION SCOTT SOUTULLO PLAINTIFF V. NO. 3:19-CV-148-DMB-RP TYLER L. SMITH, et al. DEFENDANTS ORDER The law of interpleader actions in this circuit has long been that in the absence of extraordinary circumstances, priority to an interpleader fund should be determined as of the date the action is commenced. But for centuries longer, interpleader has stood as an action in equity. Because interpleader relief is fundamentally equitable relief, extraordinary circumstances arise when equity demands the determination…