Colson update: Parties want Wachovia interpleader to stay in federal court

In the Colson-Wachovia interpleader action many of the parties want the action to remain in federal court. Advanced Title and Escrow filed this response on Wednesday. Advanced Title argues that jurisdiction is proper in federal court under the federal interpleader statute, since there is “minimal” diversity. Advanced concedes that case law does not clearly support its argument.

Lawyer’s Title also filed this response on Wednesday. Like Advanced, Lawyer’s Title argues that the federal interpleader statute grants the court jurisdiction because there are two are more claimants of diverse citizenship and there is no requirement of complete diversity of citizenship in an action under the federal interpleader action.

I am not familiar with the concept of minimum diversity, but the responses are well written and the arguments seem decent. From reading the briefs (but not the cited authorities) it looks like this is an area where there is not a lot of case law and Judge Ozerden could go either way without being clearly wrong.

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