Latipac, Inc. v. General Tire & Rubber Co.

MEMORANDUM AND ORDER

This is an action in interpleader which was originally filed in the Superior Court of the State of California, in and for the County of Marin. The case is presently before the court on individual motions for partial summary judgment by defendants United States of America, Oliver De Silva, Inc., General Tire and Rubber Co., and Braddock, Logan & Valley Co. The undisputed facts can be summarized as follows:

The plaintiff, Latipac, Inc., became a judgment debtor of J. W. Lee & Co. in the amount of $150,000.00, upon the entry of a judgment in its favor in said amount in a civil action in the Superior Court of Marin County. Pursuant to a stipulated Consent to Entry of Judgment in said Superior Court case, the judgment debtor, Latipac, Inc., on October 23, 1969, filed this action in interpleader in the Superior Court of Marin County and pursuant thereto paid a fund of $90,390.73 into the registry of that court. The United States subsequently removed the action to this district court.

The following tables were submitted by the United States. With one possible exception noted infra, they accurately set forth the nature of the claims of each of the…