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EQUITABLE LIFE ASSURANCE SOCIETY v. McCLELLAND

Civ. A. No. 1266.

85 F.Supp. 688 (1949)

EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES v. McCLELLAND et al.

United States District Court W. D. Michigan, S. D.

August 18, 1949.

Attorney(s) appearing for the Case

Butterfield, Amberg, Law & Buchen and R. Dale Law, of Grand Rapids, Mich., for plaintiff.

Gerald M. Henry, of Grand Rapids, Mich., for Elizabeth McClelland, as guardian of Margaret Ann McClelland and Robert McClelland, minors, and Margaret McClelland, defendants.

Uhl, Bryant, Slawson & Wheeler and Harold W. Bryant, of Grand Rapids, Mich., for Charles Mitchell, Jr., Douglas Mitchell and Jack Mitchell, defendants.

STARR, District Judge.

On January 28, 1949, plaintiff insurance company began the present civil action of interpleader in pursuance of Title 28 U.S. C.A. § 1335. The case was submitted on an agreed stipulation of facts, the material facts being as follows:

On June 8, 1905, plaintiff issued its policy No. 1456337 known as a "twenty-year endowment bond" to James C. Quinlan, thereby insuring his life in the sum of $1,000. Frances M. Quinlan, the wife of...

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