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  5. 582 F.Supp.2d 1362 (2008)
 

NATIONAL LIFE INS. CO. v. ALEMBIK-EISNER

Civil Action No. 1:07-CV-0557-JOF.

582 F.Supp.2d 1362 (2008)

NATIONAL LIFE INSURANCE COMPANY, Plaintiff, v. Victoria ALEMBIK-EISNER, Trustee of the Abraham Henry Madenfrost Revocable Trust, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

September 12, 2008.

Attorney(s) appearing for the Case

Aaron Edward Pohlmann, H. Sanders Carter, Jr., Smith Moore, LLP, Atlanta, GA, for Plaintiff.

Richard S. Alembik, Richard S. Alembik, PC, Decatur, GA, for Defendants.

OPINION AND ORDER

J. OWEN FORRESTER, Senior District Judge.

This matter is before the court on Victoria Alembik-Eisner's motion for summary judgment as to the counterclaim of the AH. Madenfrost Revocable Trust [25] and National Life Insurance Company's motion to dismiss [34].

I. Background

A. Procedural History and Facts

Plaintiff, National Life Insurance Company, filed this interpleader action against

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