MUTUAL LIFE INS. CO. v. BONDURANT

Nos. 5012-5014.

27 F.2d 464 (1928)

MUTUAL LIFE INS. CO. OF NEW YORK v. BONDURANT et al. MASSACHUSETTS MUT. LIFE INS. CO. OF SPRINGFIELD, MASS., v. SAME. BONDURANT et al. v. PHELPS, Clerk of District Court.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1928.


Attorney(s) appearing for the Case

Wm. Marshall Bullitt, of Louisville, Ky. (R. Lee Blackwell and Bruce & Bullitt, all of Louisville, Ky., on the brief), for Massachusetts Mut. Life Ins. Co.

G. T. Fitzhugh, of Memphis, Tenn. (Millsaps Fitzhugh, of Memphis, Tenn., on the brief), for Mutual Life Ins. Co. of New York.

W. J. Webb, of Mayfield, Ky., for Bondurant and others.

Before DENISON, MACK, and MOORMAN, Circuit Judges.


MACK, Circuit Judge.

Appeal by insurance companies, plaintiffs in a proceeding under the Federal Interpleader Act of 1926 (44 Stat. 416, 28 USCA § 41(26), from so much of the final decree as refused them counsel fees and solicitor's docket fees out of the fund in controversy, and by the claimants, to whom the fund was awarded, from an order overruling their motion for a retaxation of costs, to eliminate the clerk's fee of 1 per cent. therein included.

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