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THE MACCABEES v. AXELRAD

Civ. No. 17959.

177 F.Supp. 723 (1959)

THE MACCABEES, Plaintiff, v. Virginia AXELRAD, Louisa Tsurikov, also known as Louise Tsuricov, Frank G. Wittenberg as Executor of the Last Will and Testament of Margaret Axelrad, deceased, Gertrude May as Guardian of Dorothy Axelrad, and Long Island National Bank of Hicksville, Defendants.

United States District Court E. D. New York.

August 21, 1959.

Attorney(s) appearing for the Case

David I. Rosenblum, New York City, for plaintiff.

Edward J. Neary, Mineola, N. Y., for defendant, Virginia Axelrad, Kendrick C. Smith, Farmingdale, N. Y., of counsel.

Carl A. & Melvin J. Espach, Hempstead, N. Y., for defendant, Louisa Tsurikov, Carl A. Espach, Hempstead, N. Y., of counsel.

Katz, Wittenberg & Katz, New York City, for defendant Frank G. Wittenberg as executor of Margaret Axelrad, deceased.

Chester A. Lessler, New York City, for defendant, Gertrude May as guardian of Dorothy Axelrad.

Charles R. Carroll, Hicksville, N. Y., for defendant, Long Island Nat. Bank of Hicksville.

BRUCHHAUSEN, Chief Judge.

This action of interpleader was instituted by the Maccabees under 28 U.S. C.A. §§ 1335, 1397 and 2361 to procure a determination of the disposition of the proceeds of two life insurance policies issued on the life of John Axelrad.

Both policies were issued in June 1945, number 1735-002 in the amount of $10,000 and number 1735-003 in the amount of $15,000. At the time of the death...

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