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TRAVELERS INS. CO. v. MONTOYA

No. 2833.

566 P.2d 105 (1977)

The TRAVELERS INSURANCE CO., an Insurance Corporation, Plaintiff-Appellee, v. Isabelle P. MONTOYA, Defendant-Appellant, Telesfor F. Padilla, Jr., Alex Padilla, Theresa Pohl, Stella Garcia and Barbara Sanchez, Defendants.

Court of Appeals of New Mexico.

June 7, 1977.

Attorney(s) appearing for the Case

Jacob Carian, Carian, Casey & Carian, Albuquerque, for appellant.

Richard C. Civerolo, Civerolo, Hansen & Wolf, Albuquerque, for defendants.

Charles B. Larrabee, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for appellee.

OPINION

WOOD, Chief Judge.

The appeal involves the propriety of dismissing a counterclaim against the stakeholder in an interpleader action brought under Civil Procedure Rule 22.

Telesfor F. Padilla had life insurance under a group policy issued by plaintiff. In the fall of 1975 Padilla changed the beneficiary of the life insurance to his daughter, Isabelle P. Montoya. Padilla died in June, 1976. Plaintiff...

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