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NEW ENGLAND MUT. LIFE INS. CO. v. SPENCE

No. 320.

104 F.2d 665 (1939)

NEW ENGLAND MUT. LIFE INS. CO. v. SPENCE et al.

Circuit Court of Appeals, Second Circuit.

June 12, 1939.

Attorney(s) appearing for the Case

Gibbons, Pottle & Pottle, of Buffalo, N. Y. (Frank Gibbons, of Buffalo, N. Y., of counsel), for appellant White, as administrator of Slade.

Francis T. Findlay, of Niagara Falls, N. Y. (Bernard Sax, of Niagara Falls, N. Y., of counsel), for appellee Spence.

Before L. HAND, CLARK, and PATTERSON, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree in a suit of interpleader to determine which of two claimants was entitled to the proceeds of a life insurance policy. The plaintiff insured the life of one, Slade, for $3,500, payable to Slade's wife, now the appellee Spence. The couple then lived in Buffalo, and the contract was made either there or in Boston, the plaintiff's home office, where the policy was payable. The Slades moved to Texas, where they became...

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