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EQUITABLE LIFE ASSUR. SOC., ETC. v. BAUMGARDNER

No. 140.

55 F.Supp. 985 (1944)

EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. BAUMGARDNER et al.

District Court, W. D. Missouri, St. Joseph Division.

July 19, 1944.

Attorney(s) appearing for the Case

Michaels, Blackmar, Newkirk, Eager & Swanson and Robert E. Coleberd, all of Kansas City, Mo., for plaintiff.

Dean H. Leopard and Sam T. Evans, both of Gallatin, Mo., for defendant Roberta Baumgardner.

McCarthy & McCarthy and D. M. McCarthy, all of Hays, Kan., for defendant Ray Wentworth.

DUNCAN, District Judge.

This is an action by the Equitable Life Assurance Society of the United States, a New York corporation, against Roberta Baumgardner, a resident of Missouri, and Ray Wentworth, administrator of the estate of Wilbur H. Pugh, deceased, a resident of the State of Kansas. This action is brought under the Federal Interpleader Act, U.S.C.A. Title 28, Section 41(26).

Plaintiff paid into the registry of the court, the proceeds of the insurance...

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