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PRUDENTIAL INSURANCE COMPANY OF AMERICA v. BENNETT

Civ. A. No. 1395.

299 F.Supp. 451 (1969)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. Gladys S. BENNETT, Central Savannah Area Broadcasting Company, Cecil H. Barnes, and Patrick Mulherin, Defendants.

United States District Court S. D. Georgia, Augusta Division.

May 19, 1969.

Attorney(s) appearing for the Case

Hull, Towill & Norman, Augusta, Ga., King & Spalding, Atlanta, Ga., for plaintiff.

Maurice Steinberg, James E. Slaton, Sanders, Hester, Holley, Ashmore & Boozer, Augusta, Ga., for defendants.

ORDER ON MOTION TO DISMISS INTERPLEADER UPON GROUND THAT STATUTORY INTERPLEADER 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...

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