Equitable Life Assurance Society of US v. Cooper, Civ. No. 71-98.
| Decision Date | 16 July 1971 |
| Docket Number | Civ. No. 71-98. |
| Citation | 328 F. Supp. 1126 |
| Parties | The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Plaintiff, v. Connie Jean COOPER, and Sarah Kathryn Bell, formerly Sarah Kathryn Thomas, a/k/a Sarah Kay Thomas, Defendants. |
| Court | U.S. District Court — Western District of Oklahoma |
Ben L. Burdick, Oklahoma City, Okl., for plaintiff.
Robert W. Amis, Del City, Okl., for Connie Jean Cooper.
Jake Hunt, Oklahoma City, Okl., for Sarah Kathryn Bell.
The Plaintiff filed this interpleader suit, under authority of 28 U.S.C. § 1335, naming as Defendants Connie Jean Cooper, hereinafter referred to as Cooper, and Sarah Kathryn Bell, hereinafter referred to as Bell. The suit involves the proceeds of an insurance policy issued by Plaintiff and which of the two Defendants is entitled to the proceeds. The Plaintiff requests a permanent injunction against the Defendants proceeding in any State Court or in any other Federal Court, including a suit then on file in the District Court of Oklahoma County, State of Oklahoma, concerning rights to the proceeds of said insurance policy. All three parties here were parties in the earlier filed State Court action. Plaintiff also seeks an award out of the proceeds of said policy to pay its costs and a reasonable attorney fee.
The Plaintiff had a policy on the life of Ruel B. Thomas, Jr., who died on November 22, 1970. Defendants Cooper and Bell, who are the daughter and former wife of the decedent, respectively, each made claims as beneficiaries under the policy of insurance in the amount of $4,500.00.
The State Court action was filed before this Federal interpleader suit. "Long arm service" on Defendant Bell was obtained by both courts following the same statute, 12 Okl.St.Ann. § 187. The Defendant Bell made a general entry of appearance on March 10, 1971 in the State Court. Proper service upon Equitable has been obtained in both cases. The State Court thus has all parties in Court.
An action of interpleader is equitable in nature and is governed by equitable principles. Holcomb v. Aetna Life Ins. Co., 228 F.2d 75 (Tenth Cir. 1955) cert. den. 350 U.S. 986, 76 S.Ct. 473, 100 L. Ed. 853, reh. den. 350 U.S. 1016, 76 S. Ct. 657, 100 L.Ed. 875.
Where there is an adequate remedy at law a court acting as a court of equity may decline to exercise its jurisdiction. Koehring Company v. Hyde Construction Company, 424 F.2d 1200 (Seventh Cir. 1970).
Professor Moore, who is in agreement with this position, has stated:
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Equitable Life Assur. Soc. of the U.S. v. Porter-Englehart, PORTER-ENGLEHART
...1202, 1205 (8th Cir.1974); Koehring Co. v. Hyde Construction Co., 424 F.2d 1200, 1205 (7th Cir.1970); Equitable Life Assurance Soc'y v. Cooper, 328 F.Supp. 1126, 1127 (W.D.Okla.1971). Yet, the case at bar is at a sizable remove: since life insurance policies must be paid directly to the des......
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Home Indemnity Company v. Moore
...g., Koehring Co. v. Hyde Const. Co., supra; B. J. Van Ingen & Co. v. Connolly, 225 F.2d 740 (3d Cir. 1955); Equitable Life Assur. Soc. v. Cooper, 328 F.Supp. 1126 (W.D.Okl.1971); Consolidation Coal Co. v. Bailey, 308 F.Supp. 1251 (N.D.W.Va. 1970); Flanagan v. Marvel, 94 F.Supp. 145 (D.Minn.......
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Miller & Miller Auction., Inc. v. GW Murphy Indus., Inc., No. 72-1220.
...Life Ins. Co., 228 F.2d 75 (10th Cir. 1955), cert. denied 350 U.S. 986, 76 S.Ct. 473, 100 L.Ed. 853; Equitable Life Assurance Society of U. S. v. Cooper, 328 F.Supp. 1126 (W.D.Okl.1971). Hence a federal district court seldom has jurisdiction if the stakeholder deposits in the court registry......