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NEW ENGLAND MUT. LIFE INS. CO. v. SPENCE

No. 2181.

25 F.Supp. 633 (1938)

NEW ENGLAND MUT. LIFE INS. CO. v. SPENCE et al.

District Court, W. D. New York.

November 15, 1938.

Attorney(s) appearing for the Case

Penney & Penney and Edwin McC. Johnston, all of Buffalo, N. Y., for plaintiff.

Francis T. Findlay, of Niagara Falls, N. Y., by B. J. Sax, of Niagara Falls, N. Y., for defendant Elizabeth K. Slade Spence.

Maurice Frey, of Buffalo, N. Y., for guardian ad litem.

Gibbons, Pottle & Pottle and Frank Gibbons, all of Buffalo, N. Y., for Commercial Standard Ins. Co. and Charles A. White, as administrator of Estate of Harry C. Slade, deceased.

KNIGHT, District Judge.

This is a suit by bill of interpleader brought by the New England Mutual Life Insurance Company because of adverse claims made to the proceeds of a policy of insurance. Trial was had by and before the court. At its conclusion a motion was made by the defendant Spence for judgment awarding the proceeds of the policy in the suit to her, and this defendant also moved to dismiss the answer of the Commercial Standard Insurance Company on the ground...

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