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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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.
Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 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) ofsection
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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