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JOHN HANCOCK MUTUAL LIFE INSURANCE CO. v. DORAN

138 F.Supp. 47 (1956)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. William Frederick DORAN, an infant under the age of 14 years, and William Carver, Defendants.

United States District Court. S. D. New York.

February 9, 1956.

Attorney(s) appearing for the Case

Tanner, Friend, Kinnan & Post, New York City, Edward A. Baker, New York City, of counsel, for plaintiff.

Elmer Fried, New York City, for defendant, William Frederick Doran.

Walter E. Foss, Portland, Me., for defendant, William Carver.

IRVING R. KAUFMAN, District Judge.

In this action of interpleader brought pursuant to 28 U.S.C. §§ 1335, 1397 and 2361, plaintiff insurance company (hereafter called the Company) seeks an order which: (a) restrains defendants from instituting or prosecuting against the Company any action or proceeding in any other State or Federal Court upon a certain certificate of life insurance, whose benefits are claimed exclusively by each of the defendants, and (b...

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