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SMA LIFE ASSUR. CO. v. PILLER

No. 87-1511.

846 F.2d 916 (1988)

SMA LIFE ASSURANCE COMPANY v. PILLER, Mary Ann and Bammer, Martha, Mother and Natural Guardian of Thomas H. Bammer, III and Samantha Bammer. Appeal of Mary Ann PILLER.

United States Court of Appeals, Third Circuit.

Decided May 20, 1988.

Rehearing and Rehearing Denied June 16, 1988.

Attorney(s) appearing for the Case

William C. Wickkiser (argued), Allentown, Pa., for appellant.

William J. Fries (Argued), Kranson and Fries, Allentown, Pa., for Martha Bammer, Mother and Natural Guardian of Thomas H. Bammer, III and Samantha Bammer.

Before SLOVITER, STAPLETON, and MANSMANN, Circuit Judges.

Rehearing and Rehearing In Banc Denied June 16, 1988.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this interpleader action we are called upon to determine which party is entitled to the proceeds of a life insurance policy purchased after the separation but before the divorce of Thomas and Martha Bammer. We conclude that under Pennsylvania law the children of the decedent and not the named beneficiary are entitled to the proceeds

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