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FITZSTEPHENS v. UNITED STATES

Civ. No. 4396.

189 F.Supp. 919 (1960)

J. D. FITZSTEPHENS, Administrator of the Estate of Donald H. Bennett, Deceased, Plaintiff, v. UNITED STATES of America, Defendant and Interpleader, v. J. D. FITZSTEPHENS, Administrator of the Estate of Donald H. Bennett, Deceased, et al., Interpleaded Defendants.

United States District Court D. Wyoming.

November 25, 1960.

Attorney(s) appearing for the Case

Jones & Fillerup, of Cody, Wyo., for plaintiff.

John F. Raper, Jr., U. S. Atty., for Dist. of Wyoming, Cheyenne, Wyo., for defendant.

Lewis & Copenhaver, Powell, Wyo., for interpleaded defendant Betty Jean Bushnell, formerly Betty Jean Bennett.

Maurer & Garst, Douglas, Wyo., for interpleaded defendant Laurence G. Peterson, Guardian of Estate of Laurence Howard Bennett and Donna Jean Bennett, minors.

KERR, District Judge.

The question for determination in this action is. "Who is entitled to receive the death benefits of a National Service Life Insurance policy, No. V-1307-50-06, in the amount of $10,000.00, which was issued to Donald Hanan Bennett, now deceased?".

The facts are not in dispute and insofar as here pertinent may be summarized chronologically as follows:

On July 31, 1951, the deceased, Donald Hanan Bennett, a resident of Cody, Wyoming...

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