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EMCASCO INS. CO. v. DAVIS

Civ. No. 90-2082.

753 F.Supp. 1458 (1990)

EMCASCO INSURANCE COMPANY, Plaintiff, v. Melvin DAVIS, et al., Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

December 12, 1990.

Attorney(s) appearing for the Case

Robert L. Jones, III, Jones, Gilbreath, Jackson & Moll, Fort Smith, Ark., for plaintiff.

J. Randall McGinnis, Warner & Smith, Fort Smith, Ark., Jeffrey E. Levin, Clarksville, Ark., John Bynum, Bynum & Bourne, Russellville, Ark., Julius C. Acchione, Acchione & King, Donald S. Ryan, Dodds, Kidd, Ryan & Moore, Little Rock, Ark., William F. Smith, Mobley & Smith, David L. Gibbons, Gibbons & Walker, Russellville, Ark., Tim Boone, Huckabay, Munson, Rowlett & Tilley, Little Rock, Ark., Thomas B. Pryor, Pryor, Barry, Smith and Karber, David R. Ferguson, Mark W. Webb, Asst. U.S. Attys., Fort Smith, Ark., for defendants.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Statement of the Case

This action was instituted by Emcasco Insurance Company by the filing of a complaint in interpleader. It is unclear from the complaint whether the action is filed under the provisions of Rule 22 of the Federal Rules of Civil Procedure or the statutory interpleader provisions of 28 U.S.C. §§ 1335, 1397, and 2361. It is, however, clear that the court has subject...

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