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O'HARA v. MURPHY

No. 3889.

137 F.2d 154 (1943)

O'HARA v. MURPHY et al.

Circuit Court of Appeals, First Circuit.

July 9, 1943.

Attorney(s) appearing for the Case

Walter I. Sundlun, of Providence, R. I., and William C. Crossley, of Fall River, Mass., for appellant.

Henry C. Gill, of Brockton, Mass., and John V. Sullivan, of Middleboro, Mass., for appellee Murphy, Special Adm'r.

Raymond P. Baldwin and Palmer, Dodge, Chase, Wilkins & Davis, all of Boston, Mass., for appellee Massachusetts Mut. Life Ins. Co.

John H. Sullivan, of Taunton, Mass., and Kendrick H. Washburn, of Middleboro, Mass., for appellees Stephen F. O'Hara and Catherine M. O'Hara.

Edmund J. Brandon, U. S. Atty., and George F. Garrity, Asst. U. S. Atty., both of Boston, Mass., for United States of America.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

PER CURIAM.

This case, brought under the Federal Interpleader Act, 43 Stat. 976, as amended by 49 Stat. 1096, 28 U.S.C.A. § 41(26), is here on appeal from a judgment of the District Court. Evidence was taken before a master and a report was filed by him in which he made findings of fact. These were adopted by the district judge.

The sole issue is whether the appellant relinquished all rights in two insurance...

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