AMERICAN UNITED LIFE INS. CO. v. FISCHER

No. 11852.

130 F.2d 643 (1942)

AMERICAN UNITED LIFE INS. CO. et al. v. FISCHER, Com'r of Insurance of Iowa.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 22, 1942.


Attorney(s) appearing for the Case

Clayton F. Jennings, of Lansing, Mich. (Phineas M. Henry, of Des Moines, Iowa, on the brief), for appellant Eugene P. Berry, of Detroit, Mich., Commissioner of Insurance of the State of Michigan, as receiver of American Life Ins. Co. of Detroit, Mich.

Robert A. Adams, of Indianapolis, Ind. (Aaron T. Jahr, of Indianapolis, Ind., and Phineas M. Henry, of Des Moines, Iowa, on the brief), for appellant American United Life Ins. Co.

John M. Scott, of Fort Worth, Tex. (McGown, McGown, Godfrey & Logan, H. T. McGown, H. L. Logan, Jr., and B. E. Godfrey, all of Fort Worth, Tex., and Phineas M. Henry, of Des Moines, Iowa, on the brief), for appellant Dan E. Lydick, receiver of American Life Ins. Co. of Detroit, Mich. (in Texas).

Willis J. O'Brien, of Des Moines, Iowa (John N. Hughes, John N. Hughes, Jr., and Hughes, O'Brien and Hughes, all of Des Moines, Iowa, on the brief), for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

The question is as to the status, under Iowa law, of a deposit of securities maintained with the Iowa Insurance Commissioner, by a Michigan life company which is now in receivership in the Michigan state court. After the appointment of a temporary receiver in Michigan, the Iowa state court appointed the Iowa Insurance Commissioner as independent receiver in that state of the deposited securities, and authorized him to institute proceedings...

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