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SUN LIFE ASSURANCE COMPANY OF CANADA v. WEYEN

No. 1309.

136 F.Supp. 592 (1955)

SUN LIFE ASSURANCE COMPANY OF CANADA, a corporation, Plaintiff, v. Mary P. WEYEN, individually and as guardian of Daryl Weyen and Carolyn Weyen, minors, Elfrieda May, Ralph B. Defenbach as trustee, E. J. Stanfill as trustee and E. J. Stanfill as executor of the estate of Robert Francis Weyen, deceased, Defendants.

United States District Court E. D. Washington, N. D.

December 15, 1955.

Attorney(s) appearing for the Case

Graves, Kizer, Greenough & Gaiser, Spokane, Wash., for plaintiff.

S. Dean Arnold, Clarkston, Wash., for defendants Mary P. Weyen, individually and as guardian of Daryl Weyen and Carolyn Weyen; and E. J. Stanfill as trustee, and E. J. Stanfill as executor of estate of Robert Francis Weyen, deceased.

C. C. Rowan, Spokane, Wash., for defendant Elfrieda May.

Paul C. Keeton, Lewiston, Idaho, R. Max Etter and Ellsworth I. Connelly, Spokane, Wash., for defendant Ralph B. Defenbach, Trustee.

DRIVER, Chief Judge.

This is an interpleader action in which the plaintiff, Sun Life Assurance Company of Canada, a corporation, has deposited in the registry of the court the net proceeds of eight insurance policies on the life of Robert F. Weyen, who died on April 16, 1955. Several rival claimants to such proceeds have been impleaded as defendants.

There is little dispute as to the facts which, for the most part, are established by documentary evidence....

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