Lutheran Brotherhood v. Comyne

216 F. Supp. 2d 859 (E.D. Wis. 2002) · United States District Court for the Eastern District of Wisconsin · February 27, 2002 · No. No. 01-C-1067

Summary

The court granted Lutheran Brotherhood's motion in this statutory interpleader action involving competing claims to annuity proceeds. It ordered Lutheran Brotherhood to deposit the annuity proceeds with the court, permitted deduction of $5,000 in attorney's fees, and dismissed Lutheran Brotherhood with prejudice and without further liability.

Holdings

  1. Deposit of the disputed proceeds with the court was a jurisdictional prerequisite to the statutory interpleader action, and the court found the statutory requirements of value, adverse claimants, and diversity of citizenship satisfied.
  2. Lutheran Brotherhood was entitled to dismissal with prejudice, without further costs or liability to any party, after depositing the annuity proceeds with the court.
  3. Lutheran Brotherhood was entitled to deduct $5,000 in attorney's fees from the annuity proceeds before depositing the remaining funds with the court.

Questions Presented

  1. Whether depositing the annuity proceeds with the court was required to perfect jurisdiction under the federal interpleader statute.
  2. Whether Lutheran Brotherhood, as a disinterested stakeholder that conceded liability and deposited the disputed funds, should be dismissed from the action with prejudice and without further liability.
  3. Whether Lutheran Brotherhood should be permitted to deduct $5,000 in attorney's fees from the annuity proceeds before depositing the balance.

Disposition

other

Cases Cited (11)

  • Texas v. Florida, 306 U.S. 398, 405, 59 S. Ct. 563, 83 L. Ed. 817 (1939)(followed for historical description)
  • Indianapolis Colts v. Mayor and City Council of Baltimore, 733 F.2d 484, 486 (7th Cir. 1984)(followed)
  • American Family Mutual Insurance Co. v. Roche, 830 F. Supp. 1241, 1244-45 (E.D. Wis. 1993)(followed)
  • Mt. Hawley Insurance Co. v. Federal Savings & Loan Insurance Corp., 695 F. Supp. 469, 472 (C.D. Cal. 1987)(followed)
  • Manitowoc Engineering Co. Salaried Employees' Deferred Profit-Sharing Plan v. Powalisz, No. 85-C-534, 1986 WL 2605, at *7 (E.D. Wis. 1986)(followed)
  • United States Trust Company of New York v. Alpert, 10 F. Supp. 2d 290, 307 (S.D.N.Y. 1998)(followed)
  • United Bank of Denver v. Oxford Properties, Inc., 683 F. Supp. 755, 756-57 (D. Colo. 1988)(followed in part)
  • Septembertide Publishing, Inc. v. Stein & Day, Inc., 884 F.2d 675, 683 (2d Cir. 1989)(followed)
  • Chase Manhattan Bank v. Mandalay Shores Cooperative Housing Ass'n (In re Mandalay Shores Cooperative Housing Ass'n), 21 F.3d 380, 383 (11th Cir. 1994)(limited)
  • Aetna U.S. Healthcare v. Higgs, 962 F. Supp. 1412, 1414 (D. Kan. 1997)(limited)

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