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GELFAND, GREER, POPKO & MILLER v. SHIVENER

Docket No. 11358.

30 Cal.App.3d 364 (1973)

105 Cal. Rptr. 445

GELFAND, GREER, POPKO & MILLER, Plaintiff, v. DORIS E. SHIVENER, Defendant and Appellant; GERALD R. SCHMELZER, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

January 31, 1973.

Attorney(s) appearing for the Case

COUNSEL

Patricia H. Mason for Defendant and Appellant.

Gerald R. Schmelzer, in pro. per., and Douglas R. Reynolds for Defendant and Respondent.

No appearance for Plaintiff.

OPINION

WHELAN, J.

Doris E. Shivener (Mrs. Shivener) has appealed from a summary judgment in an interpleader action which awarded to Gerald R. Schmelzer one-half of a fund upon the holder of which she had served a writ of execution.

Prior to August 27, 1971, an action for wrongful death of Jeffrey Ellsworth Shivener was settled for $100,000, to be apportioned among his heirs who were his widow Jo Anne, his mother Mrs. Shivener...

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