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S. BIRCH & SONS CONSTRUCTION CO. v. CAPEHART

Civ. No. A-10934.

192 F.Supp. 330 (1961)

S. BIRCH & SONS CONSTRUCTION CO., a Montana Corporation, C. F. Lytle Company, an Iowa Corporation, Green Construction Company, an Iowa Corporation, all doing business as Birch-Lytle-Green General Contractors, Plaintiffs, v. Ralph C. CAPEHART, doing business as Anchorage Freight Lines, W. A. Stephenson, Frank Jones, Chester W. Goodman Co., James R. Smith, Hayward Lumber & Investment Company, a California Corporation, Joe Morgan, Trustee for the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers, Local No. 959, and Employment Security Commission of Alaska, Defendants, and United States of America, Defendant and Intervenor.

United States District Court D. Alaska, at Anchorage.

April 6, 1961.

Attorney(s) appearing for the Case

Roger Cremo, Anchorage, Alaska, for defendant Chester W. Goodman.

Arthur D. Talbot, Anchorage, Alaska, for defendant James R. Smith.

Philip T. Lyons, Los Angeles, Cal., for defendant Hayward Lumber & Investment Co.

Hartlieb, Groh & Rader, Anchorage, Alaska, for defendant Joe Morgan, Trustee for the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local No. 959.

Ralph E. Moody, Atty. Gen. of Alaska, for defendant Employment Security Commission.

George M. Yeager, U. S. Atty., Fairbanks, Alaska, for defendant and intervenor United States.

HODGE, District Judge.

This is an action in interpleader under the provisions of Section 1335, Title 28 U.S.C.A., brought by the plaintiffs to determine conflicting claims to monies remaining in its hands representing the balance due the defendant Ralph C. Capehart, d/b/a Anchorage Freight Lines, upon a service contract amounting to $6,075.40, which has been paid into the registry of the court.

The following claims have been filed by answer to the complaint...

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