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ST. PAUL FIRE AND MARINE INS. CO. v. COX

Civ. A. No. 78-G-1236-M.

583 F.Supp. 1221 (1984)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Third-Party Plaintiff and Judgment Creditor, v. H. Ray COX, Third-Party Defendant and Judgment Debtor, Alabama City Bank of Gadsden, Garnishee and Plaintiff in Interpleader, D.E. Locklear, Defendant in Interpleader.

United States District Court, N.D. Alabama, M.D.

March 15, 1984.

Attorney(s) appearing for the Case

George P. Ford, Simmons & Ford, Gadsden, Ala., for St. Paul Fire and Marine Ins. Co.

Edward Cunningham, Taylor & Cunningham, Gadsden, Ala., for Locklear in interpleader action.

F. Michael Haney, Inzer, Suttle, Swann & Stivender, Gadsden, Ala., for garnishee and plaintiff in interpleader.

H. Ray Cox, pro se.

MEMORANDUM OPINION

GUIN, District Judge.

This cause is before the court upon third-party plaintiff's motion for condemnation of funds interpleaded in response to a writ of garnishment which the court treats as a motion for summary judgment. The garnishment proceedings were instituted by judgment creditor, St. Paul Fire & Marine Insurance Company (St. Paul), against the vested interest of H. Ray Cox in the pension and profit sharing plan of Alabama City...

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