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PRUDENTIAL INS. CO. OF AMERICA v. BROWN

Civ. A. No. 88-4015-S.

715 F.Supp. 1010 (1989)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. Phyllis J. BROWN, Steven L. Boyce, as guardian and conservator of Phyllis J. Brown, Linda Palmer, Laurie Brown, and State of Kansas, Department of Social and Rehabilitation Services, Defendants.

United States District Court, D. Kansas.

April 10, 1989.

Attorney(s) appearing for the Case

Grant M. Glenn, Bryan K. Daniel, Cosgrove, Webb & Oman, Topeka, Kan., for plaintiff.

Steven L. Boyce, pro se.

Robert R. Hiller, Jr., SRS Fraud & Recovery Section, Topeka, Kan., for State Dept. of Social and Rehab. Services.

Ronald W. Fairchild, Gregory F. Maher, Eidson, Lewis, Porter & Haynes, Topeka, Kan., for Linda Palmer and Laurie Brown.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the motion for partial summary judgment of defendants Linda Palmer and Laurie Brown. Defendants contend that defendant State of Kansas should be dismissed from this interpleader action. Defendants argue that the state has no valid claim to the insurance proceeds, which are the focus of this action.

A moving party is entitled to summary judgment only when the evidence...

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