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PHŒNIX MUT. LIFE INS. CO. v. CUMMINGS

No. 493.

67 F.Supp. 159 (1946)

PHŒNIX MUT. LIFE INS. CO. v. CUMMINGS et al. (CUMMINGS, Intervener).

District Court, W. D. Missouri, S. D.

August 5, 1946.

Attorney(s) appearing for the Case

Henry J. Eager and Roy P. Swanson, both of Kansas City, Mo., and Ray Bond, of Joplin, Mo., for plaintiff.

Paul E. Bradley and George W. Wise, both of Joplin, Mo., for defendant Elsie Mabel White Cummings and J. J. Cummings.

Roy Coyne, of Joplin, Mo., for defendant Mildred E. Cummings

RIDGE, District Judge.

This interpleader action instituted in this Court by virtue of T. 28 U.S.C.A. § 41 (26), involves the proceeds of a life insurance policy issued on the life of James D. Cummings, who gave his life in defense of his country, in time of its greatest need.

James D. Cummings and Mildred E. Cummings were married in 1937. In the year 1939 James D. Cummings took out a policy of insurance on his life, naming his then wife, Mildred E. Cummings...

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