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CARTER v. THORNTON

No. 10840.

93 F.2d 529 (1938)

CARTER v. THORNTON et al.

Circuit Court of Appeals, Eighth Circuit.

January 10, 1938.

Attorney(s) appearing for the Case

Clinton R. Barry, of Fort Smith, Ark. (Geo. T. Arnett, of Idabel, Okl., on the brief), for appellant.

Joseph M. Hill, of Fort Smith, Ark. (Henry L. Fitzhugh and John Brizzolara, both of Fort Smith, Ark., on the brief), for appellees.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

The Metropolitan Life Insurance Company paid into court the sum of $2,500, the amount of a policy of life insurance issued by it upon the life of Van R. Carter, deceased, and interpleaded John T. Thornton, appellee, and Wilma I. Carter, appellant, as conflicting claimants to the fund. Both defendants answered claiming title. The case was tried to the court and a decree was entered awarding the fund to Thornton, and Carter appeals.

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