Rossetti

The question of jurisdiction is raised by the appellees on petition for rehearing on the ground that Section 2, Article III, of the United States Constitution and the Judicial Code, Section 24, 28 U.S.C.A. § 41 , do not give jurisdiction to the federal district court in an interpleader action where all claimants to the fund are residents of the same state.

The appellees rely on the decision in Treinies v. Sunshine Mining Co., 308 U.S. 66 , 60 S.Ct. 44 , 84 L.Ed. 85 . In that case the Supreme Court held that the federal district court had jurisdiction under 28 U.. S.C.A. § 41(26) where one of the claimants to the fund and the interpleader were citizens of the same state, the claimants to the-fund being citizens of different states. The court suggests that the real controversy is-between the adverse claimants and that the complainant is a proper party for the determination of the controversy between adverse claimants who are citizens of different states. The complainant deposits-the fund which demonstrates his disinterestedness as between the claimants and as to the property in question. In a footnote at page 73, of 308 U.S., at page 18 of 60 S. Ct, the court makes the following…