State Farm Mutual Automobile Insurance Co. v. Drewry

BARKSDALE, District Judge.

Since I have come to the conclusion that defendants’ motion to dismiss this action must be overruled, I will set out briefly my reasons for this conclusion.

First, as to the matter of jurisdiction : Counsel for defendants contend that this court is without jurisdiction of this action because, in an interpleader action under 28 U.S.C.A. § 1335, the court only has jurisdiction where the adverse claimants to a fund admittedly owing by plaintiff are of diverse citizenship. This contention of defendants would be sound if plaintiff relied for jurisdiction upon 28 U.S.C.A. §…