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28 USC CHAPTER 159 - INTERPLEADER 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 159 - INTERPLEADER

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CHAPTER 159 - INTERPLEADER

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Sec.

2361. Process and procedure.

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28 USC Sec. 2361 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 159 - INTERPLEADER

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Sec. 2361. Process and procedure

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In any civil action of interpleader or in the nature of

interpleader under section 1335 of this title, a district court may

issue its process for all claimants and enter its order restraining

them from instituting or prosecuting any proceeding in any State or

United States court affecting the property, instrument or

obligation involved in the interpleader action until further order

of the court. Such process and order shall be returnable at such

time as the court or judge thereof directs, and shall be addressed

to and served by the United States marshals for the respective

districts where the claimants reside or may be found.

Such district court shall hear and determine the case, and may

discharge the plaintiff from further liability, make the injunction

permanent, and make all appropriate orders to enforce its judgment.

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(June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, Sec.

117, 63 Stat. 105.)

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HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 41(26) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 26, as added Jan. 20, 1936, ch. 13, Sec. 1,

49 Stat. 1096).

Jurisdiction and venue provisions of section 41(26) of title 28,

U.S.C., 1940 ed., appear in sections 1335 and 1397 of this title.

Subsection (e) of section 41(26) of title 28, U.S.C., 1940 ed.,

relating to defense in nature of interpleader and joinder of

additional parties, was omitted as unnecessary, such matters being

governed by the Federal Rules of Civil Procedure.

Words, "Notwithstanding any provision of part I of this title to

the contrary" were omitted as unnecessary, since the revised title

contains no "contrary provisions."

Changes were made in phraseology.

1949 ACT

This section makes clear that section 2361 of title 28, U.S.C.,

applies only to statutory actions and not to general equity

interpleader suits in which the jurisdictional amount and diversity

of citizenship requirements are the same as in other diversity

cases.

AMENDMENTS

1949 - Act May 24, 1949, substituted "In any civil action of

interpleader or in the nature of interpleader under section 1335

under this title" for "In any interpleader action,", and inserted

"or prosecuting" between "instituting" and "any proceeding".

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