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PRUDENTIAL INS. CO. OF AMERICA v. TOMES

No. 109.

45 F.Supp. 353 (1942)

PRUDENTIAL INS. CO. OF AMERICA v. TOMES et al.

District Court, D. Nebraska, Lincoln Division.

June 12, 1942.

Attorney(s) appearing for the Case

Raymond G. Young and Laurens Williams, both of Omaha, Neb., for plaintiff.

Joseph L. Pallat, of Wahoo, Neb., and John J. Hess of Council Bluffs, Iowa, for defendant Ernest B. Tomes.

Fred J. Cassidy, of Lincoln, Neb., for defendant, Mildred E. Tomes.

DELEHANT, District Judge.

Resorting to the privilege allowed to it under U.S.C.A. Tit. 28, § 41(26), the plaintiff has deposited in the registry of this court the sum of $1,064.38, payable under the policy of insurance to which reference is hereinafter made, and has filed its complaint praying for injunctive relief against the prosecution by the defendant, Ernest B. Tomes, of a suit already instituted by him upon the policy in the District Court of Pottawattamie...

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