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EQUITABLE LIFE ASSUR. SOCIETY OF U.S. v. MISCHO

No. S 03-2362 MCE GGH.

363 F.Supp.2d 1239 (2005)

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff, v. Eleanor M. MISCHO; United States of America; John C. Smith Jr., Defendant.

United States District Court, E.D. California.

February 14, 2005.

Attorney(s) appearing for the Case

Kevin W. Alexander, Gordon and Rees LLP, San Diego, CA, for Plaintiff.

Jeffrey S. Swyers, United States Department of Justice Tax Division, Washington, DC, for Defendants.

John C. Smith, Jr., North Augusta, SC, pro se.

MEMORANDUM AND ORDER

ENGLAND, District Judge.

This is an action for declaratory relief and interpleader brought by The Equitable Life Assurance Society of the United States (hereinafter "The Equitable") with respect to the disposition of certain annuity contracts originally issued to Defendant Eleanor M. Mischo and her deceased husband, James Mischo. The Internal Revenue Service ("IRS") subsequently seized and sold those contracts in order to collect...

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