CONTINENTAL BANK AND TRUST COMPANY v. MAAG

No. 6489.

285 F.2d 558 (1960)

The CONTINENTAL BANK AND TRUST COMPANY, as Administrator with Will Annexed of the Estate of Harry R. Bitzer, deceased, Appellant, v. Helen P. MAAG and Margaret E. Hill, Appellees.

United States Court of Appeals Tenth Circuit.

December 15, 1960.


Attorney(s) appearing for the Case

Shirley P. Jones, Jr., Salt Lake City, Utah (Albert J. Colton of Fabian & Clendenin, Salt Lake City, Utah, was with him on the brief), for appellant.

George E. Bridwell, Salt Lake City, Utah, for appellees.

Before BRATTON, PICKETT and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This is an interpleader action involving the disposition of the proceeds of a life insurance policy in an alleged murder-suicide situation. The Massachusetts Mutual Life Insurance Company, which brought the interpleader, issued a policy of insurance on the life of Wilda P. Bitzer in which her husband, Harry R. Bitzer, was designated as primary beneficiary and which provided that if the primary beneficiary did not survive the insured the...

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