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TRAVELERS INSURANCE COMPANY OF HARTFORD v. CHILDS

Civ. A. No. 6740.

162 F.Supp. 200 (1958)

TRAVELERS INSURANCE COMPANY OF HARTFORD, Plaintiff, v. Jessie M. CHILDS, Individually and as Administrator of the Estate of Eugene Childs, deceased, and Jean Childs and Thomas E. Swimp, Defendants.

United States District Court W. D. New York.

March 26, 1958.

Attorney(s) appearing for the Case

Adams, Smith, Brown & Starrett, Buffalo, N. Y., for plaintiff.

William Sims, Buffalo, N. Y., for defendant, Jessie M. Childs.

Herbert Shafer, Buffalo, N. Y. (David P. Feldman, Buffalo, N. Y., of counsel), for defendants, Jean Childs and Thomas E. Swimp.

MORGAN, District Judge.

The decision of this court dated May 16, 1956 was appealed to the Court of Appeals, Second Circuit, 252 F.2d 889.

The action is an interpleader action in which the Travelers Insurance Company deposited the sum of $3,000 for payment of life insurance premiums in that amount under policy G10575C issued on September 1, 1956. Under said policy, the Travelers Insurance Company of Hartford on June 28, 1947...

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