Paul Ginsburg v. Bonn Kraus Ginsburg and John Paul Ginsburg, Minors, by Their Guardian Ad Litem, Betty K. Ginsburg
Opinion
Opinion
Koelsch, J.
Appellees move to dismiss this appeal on the ground that “appellant has not filed a notice of appeal from a final decision of the district court.”
Briefly, the record reveals that the Mutual Life Insurance Company of New York commenced an interpleader action in the District Court of the United States for the Western District of Pennsylvania to require appellees and appellant to litigate their respective claims to the proceeds of several policies of life insurance. After depositing the proceeds with the court the company was discharged. An issue was then framed between the adverse claimants, appellees as plaintiffs and appellant as defendant. On motion of appellees, resisted by the appellant, the suit was then transferred to the United States District Court for the District of Arizona where trial to the Court was held. After the Court had announced that judgment would be entered for appellees, appellant moved to re-transfer the cause, and this motion was denied. On June 19, 1959, Findings of Fact and Conclusions of Law were filed and judgment favorable to appellees was entered. This judgment was based upon a single claim jointly asserted by the appellees and rendered jointly in…