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PUBLICITY BLDG. REALTY CORPORATION v. HESS

No. 13630.

167 F.2d 269 (1948)

PUBLICITY BLDG. REALTY CORPORATION et al. v. HESS et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 26, 1948.

Attorney(s) appearing for the Case

Stephen A. Boggiano and Harry A. Frank, both of St. Louis, Mo. (Boggiano & Hessel, Taylor R. Young, and Sigmund M. Bass, all of St. Louis, Mo., on the brief), for appellants.

John V. Lee, of St. Louis, Mo. (Lee, Fricke & Lee, of St. Louis, Mo., on the brief), for Lee Hess, appellee.

William B. Waldo, Sp. Asst. to Atty. Gen., for the United States and Collector of Internal Revenue, on motion to dismiss.

Before GARDNER, THOMAS, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

This action involves a dispute between claimants to approximately $23,000 on deposit in the registry of the District Court. That fund was brought into court by the plaintiff Travelers Insurance Company by the filing of an interpleader action which alleged that conflicting claims were being made for the cash surrender value of two single premium insurance policies issued by plaintiff on the life of Lee Hess. A decree of interpleader was entered...

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