to that part of the case involving initiating the interpleader action; but not to counsel fees expended in protection of the stakeholder's alleged interests in the fund. 3A Moore's Federal Practice para. 22.16(2). However, we need not resolve this issue at this time. Cf. United Benefit Life Ins. Co. v. Katz, 155 F. Supp. 391, 394 (E.D.Pa.1957), Pennsylvania Fire Ins. Co. v. American Airlines, Inc., 180 F. Supp. 239, 243 (E.D.N.Y.1960).
IV. PRELIMINARY INJUNCTION
On November 29, 1971, an order was filed requiring the defendants to show cause why an injunction pendente lite should not be granted. A hearing on this motion was held before United States District Judge James H. Gorbey on December 21, 1971, who took the matter under advisement.
Defendant Strescon filed a brief in opposition to plaintiff's motion for a restraining order. Strescon's objection was based on plaintiff's failure to make a deposit of the amount in controversy with the Registry of the court. Defendant Thonet has indicated that although it opposes the interpleader complaint, it has no objection to such an order.
For the reasons already discussed, we find that a preliminary injunction is appropriate in this case, and the plaintiff's motion will be granted. However, this injunction will be conditioned upon the compliance of the plaintiff with the Order of this court to deposit the $78,118.50 with the court or to post a bond in that amount with adequate surety.
And now, this 27th day of December, 1972, it is ordered as follows:
1. The motion to dismiss by defendant Federal Housing Administration is denied.
2. The defendant Federal Housing Administration shall have sixty (60) days in which to file an answer to the complaint.
3. As a condition to maintaining this action, plaintiff shall deposit with the Registry of this court within twenty (20) days the amount of $78,118.50, or shall enter into a bond with sufficient surety in that amount.
4. Upon deposit with the court of $78,118.50 by the plaintiff, defendants are enjoined from instituting, maintaining or prosecuting any suit at law or in equity or action of any kind whatsoever against the plaintiff with respect to the reinsurance agreement in connection with the nursing home project referred to herein, until further order of this court.
5. Defendants shall interplead and settle among themselves their rights, if any, to the sum of $78,118.50 deposited by the plaintiff with the court.
6. Defendants shall set forth in this proceeding any and all claims based on the reinsurance agreement mentioned herein, and upon failure to do so, said defendants shall be forever barred and estopped from hereafter asserting any claim or demand under or by virtue of said agreement.
7. Defendant Frankford Trust Company is granted leave to join such other third parties against whom Frankford Trust Company has claims and/or who have asserted claims against Frankford Trust Company arising out of the transaction and series of transactions concerning the construction of the Northampton Nursing Home which is the subject matter of this complaint.
8. Plaintiff's motion for costs and expenses incurred by it in the prosecution of this action is denied without prejudice.
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