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FIDELITY MUT. LIFE INS. CO. v. CITY NAT. BANK OF FAIRMONT

Civ. No. 221-F.

95 F.Supp. 276 (1950)

FIDELITY MUT. LIFE INS. CO. v. CITY NAT. BANK OF FAIRMONT et al.

United States District Court N. D. West Virginia, Fairmont Division.

December 30, 1950.

Attorney(s) appearing for the Case

Russell L. Furbee and C. Howard Hardesty, Jr., of Fairmont, W. Va., for plaintiff, Fidelity Mut. Life Ins. Co.

Amos & Amos and Robert W. Lowe, all of Fairmont, W. Va., for defendant, City Nat. Bank of Fairmont.

Tusca Morris, of Fairmont, W. Va., for defendant, Marjorie H. Ave Lallemant.

Jack Manley, of Fairmont, W. Va., for defendant, Donald P. Ave Lallemant.

WATKINS, District Judge.

This is an interpleader action in which the plaintiff insurance company asks the court to determine which of two claimants, City National Bank of Fairmont or Marjorie H. Ave Lallemant, (now Marjorie H. O'Flynn) is entitled to the cash surrender value of an insurance policy carried by plaintiff on the life of defendant, Donald P. Ave Lallemant. The insurance company has paid the sum of $5,822.83 into court and has been dismissed as a party...

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