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EMERICK ON BEHALF OF HOWLEY v. SANCHEZ

No. CX-95-1760.

547 N.W.2d 109 (1996)

Susan Marie EMERICK, on behalf of Anthony John HOWLEY, a minor, Respondent, v. Sharon SANCHEZ, Personal Representative of the Estate of Thomas John Howley, Appellant, Mutual of Omaha, a Nebraska corporation, Defendant.

Court of Appeals of Minnesota.

April 30, 1996.

Attorney(s) appearing for the Case

Richard A. Emerick, Burnsville, for Respondent.

William E. Macklin, Nord & Macklin, P.A., Lakeville, for Appellant.

Considered and decided by KLAPHAKE, P.J., and TOUSSAINT, C.J., and MULALLY, J.

OPINION

KLAPHAKE, Judge.

Respondent Susan Marie Emerick, on behalf of Anthony John Howley, a minor, (Emerick) brought this declaratory judgment action against appellant Sharon Sanchez, Personal Representative of the Estate of Thomas John Howley (the Estate), and defendant Mutual of Omaha, a Nebraska corporation (Mutual of Omaha). Emerick sought to impose a constructive trust on the proceeds of a Mutual of Omaha life insurance policy that named the Estate...

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