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OCCIDENTAL LIFE INSURANCE CO. OF CALIFORNIA v. ROW

Civ. A. No. 2296.

271 F.Supp. 920 (1967)

The OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, a corporation, Plaintiff, v. Margaret Allie ROW, Margaret Allie Row as Administratrix c.t.a., d.b.n. of the Estate of Mary K. Allie, Margaret Allie Row as Executrix of the Estate of Ernest S. Allie, Robert C. Allie, and Betty Allie DeBoer, Defendants.

United States District Court S. D. West Virginia, Huntington Division.

July 28, 1967.

Attorney(s) appearing for the Case

A. Michael Perry, Huddleston & Bolen, Huntington, W. Va., for plaintiff.

Duncan W. Daugherty, Daugherty & Daugherty, Huntington, W. Va., for defendant Margaret Allie Row, Margaret Allie Row as Admx. c. t. a., d. b. n. of Estate of Mary K. Allie, Margaret Allie Row as Ex'x of Estate of Ernest S. Allie.

Robert C. Allie, pro se.

Milton T. Herndon, Campbell, McNeer, Woods, Bagley & Emerson, Huntington, W. Va., for defendant Betty Allie DeBoer.

CHRISTIE, District Judge:

This is an interpleader action (28 U.S. C.A. § 1335) brought by the Occidental Life Insurance Company of California to determine the conflicting claims to the proceeds of a policy of life insurance on the life of Ernest S. Allie, of Huntington, West Virginia. There are no disputed issues of fact and the matter is before the Court on cross-motions for summary judgment by all parties except...

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