E. J. Stanfill, as Trustee and Elfrieda May v. Ralph B. Defenbach, as Trustee

This is an appeal by Stanfill from a judgment of the District Court for the Eastern District of Washington, Northern Division, for Defenbach in a civil action of interpleader brought by the Sun Life Assurance Corporation of Canada against disputing claimants to life insurance policies issued to one Robert F. Weyen. 28 U.S.C. § 1335 . The insurance company deposited in the registry of the court the total sum due on the policies. Jurisdiction is based on diversity of citizenship. The applicable law is that of the State of Washington.

Defenbach contends that this court lacks jurisdiction because no appeal was filed until February 15, 1956. This is because although the judgment was entered December 30, 1955, and the transcript shows no more than that the court on January 19, 1956, denied a motion to- amend the findings, conclusions of -law and judgment and the motion is not shown to have been made within the ten days of Rule 59(b), Fed.Rules Civ.Proc. 28 U.S.C.A. Hence the contention continues it is not affirmatively shown that the time to appeal was advanced to January 19, 1956.

We regard this contention as repre-hensibly frivolous. Defenbach well knew that the motion was served on…