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AETNA CAS. & SUR. CO. v. SCHMITT

No. C-77-1364 SC.

441 F.Supp. 440 (1977)

The AETNA CASUALTY AND SURETY COMPANY, Plaintiff, v. Carl SCHMITT, Superintendent of Banks, State of California, and Ronald Whitley, et al., Defendants.

United States District Court, N. D. California.

August 19, 1977.

Attorney(s) appearing for the Case

Michael W. Palmer, Baker & McKenzie, San Francisco, Cal., for Aetna Cas. & Sur. Co.

Mervin R. Samuel, Deputy Atty. Gen., San Francisco, Cal., for Carl Schmitt, Superintendent of Banks of State of Cal.

Marshall B. Grossman, Schwartz, Alschuler & Grossman, Los Angeles, Cal., for Ronald Whitley.

Marlen D. Ard (House Counsel), San Francisco, Cal., for Pacific Telephone & Telegraph Co.

ORDER

CONTI, District Judge.

The issues in this interpleader action are whether the court has jurisdiction, and if it does, whether the court can and should abstain so as to allow a pending state action to proceed.

The action is brought by Aetna Casualty and Surety Company, surety on a bond executed in favor of the California Superintendent of Banks and at the request of the principal, Universal Money Order Company. Aetna names as defendants various...

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