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UNDERWOOD v. CONTINENTAL ASSURANCE COMPANY

Civ. A. No. 9685.

141 F.Supp. 635 (1956)

Ferne Hewitt UNDERWOOD, Independent Executrix of the Estate of Thomas E. Hewitt, Deceased, Plaintiff, v. CONTINENTAL ASSURANCE COMPANY, Defendant and Third-party Plaintiff, Ferne Hewitt UNDERWOOD and husband, John Underwood, Mrs. Abbie Wood and husband, Payne Wood, and Debby Hewitt and Tommy Hewitt, minors, Third-party Defendants.

United States District Court S. D. Texas, Houston Division.

June 13, 1956.

Attorney(s) appearing for the Case

F. Warren Hicks, Houston, Tex., for plaintiff.

Vinson, Elkins, Weems & Searls, B. Jeff Crane, Jr., and Sam W. Davis, Jr., Houston, Tex., for defendant and third-party plaintiff.

Arthur P. Duggan, Jr., Littlefield, Tex., Sam Aldridge, Farwell, Tex., and James T. Wright, Houston, Tex., for third-party defendants Mrs. Abbie Wood and husband, Payne Wood, and Debby Hewitt and Tommy Hewitt, minors.

INGRAHAM, District Judge.

Suit was originally filed by Ferne Hewitt Underwood, Independent Executrix of the Estate of Thomas E. Hewitt, deceased, plaintiff, versus Continental Assurance Company, defendant, for the proceeds of an insurance contract upon the life of Thomas E. Hewitt, now deceased. The defendant Continental Assurance Company applied for leave to file cross-complaint in the nature of a bill of interpleader, which was filed with leave of court, and Continental...

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