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LA SALA MASON CORP. v. E.M. RODROCK & SON

September 7, 1945

LA SALA MASON CORPORATION
v.
E. M. RODROCK & SON, Inc., et al.



The opinion of the court was delivered by: FAKE

This is an interpleader suit instituted under the provisions of 28 U.S.C.A. § 41(26). Answers and affidavits have been filed. Plaintiff moves for judgment in its favor on the face of the record, pursuant to the provisions of Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A.following section 723c.

A consideration of the answers together with the affidavits filed clearly discloses that issues of law and fact are raised. Plaintiff's motion for judgment is therefore denied.

 Further it appears from the records properly before the court, on the motion, that plaintiff may not be a neutral stake holder and there is no certainty as to the correctness of the amount deposited with this court.

 In view of the entire record before me an order will be entered denying the motion and dissolving the restraint.

19450907

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