Legal Opinion

Prudential Insurance Co. of America v. Bennett

District Court, S.D. Georgia

Decided May 19, 1969No. Civ. A. No. 1395PublishedCited by 5 opinions

1Opinion of the Court

ORDER ON MOTION TO DISMISS INTERPLEADER UPON GROUND THAT STATUTORY INTER-PLEADER REQUIRES DEPOSIT OF FULL AMOUNT IN DISPUTE

LAWRENCE, District Judge.

A motion has been filed in which “the defendant”1 moves to dismiss on the ground that interpleader is not available because Prudential Insurance Company of America has deposited only $13,277.88 in the registry of the court whereas claimants maintain that either one or the other is entitled to $40,000. Counsel for defendants argue that payment by plaintiff of the entire sum they claim to be due is required as a condition precedent to jurisdiction…

2Cases cited7 opinions

  1. United States v. Sentinel Fire Ins. Co.Court of Appeals for the Fifth Circuit · 1949
  2. John Hancock Mut. Life Ins. Co. v. YarrowDistrict Court, E.D. Pennsylvania · 1951
  3. State Farm Mutual Automobile Insurance Co. v. DrewryDistrict Court, W.D. Virginia · 1961
  4. Kitzer v. Phalen Park State Bank of St. PaulCourt of Appeals for the Eighth Circuit · 1967
  5. Frank Briscoe Co. v. Albert Pick Co.District Court, D. New Jersey · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. General Accident Group v. GagliardiDistrict Court, D. Connecticut · 1984
  2. Nationwide Mutual Insurance v. EckmanDistrict Court, D. Delaware · 1983
  3. United Artists Corporation v. Fields Productions, Inc.District Court, S.D. New York · 1973
  4. Government Employees Insurance v. LaneDistrict Court, W.D. Oklahoma · 1977
  5. Cincinnati Insurance Company v. DievernichDistrict Court, E.D. Arkansas · 2019

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