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NORTHWESTERN NATIONAL INS. CO. v. MILDENBERGER

No. 31020.

359 S.W.2d 380 (1962)

NORTHWESTERN NATIONAL INSURANCE COMPANY, a corporation, Plaintiff, v. Gertrude MILDENBERGER, C. M. Walters, Jr., Successor Trustee, Gloria Lee Realty Company, a corporation, and Hugh Marlow, Defendants, Gertrude Mildenberger and Hugh Marlow, Defendants-Appellants, C. M. Walters, Jr., Successor Trustee, and Gloria Lee Realty Company, a corporation, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or Transfer Denied September 11, 1962.

Attorney(s) appearing for the Case

Wilson, Cunningham, McClellan & Gunn, St. Louis, for plaintiff.

Arthur Kreisman, St. Louis, for appellants.

Harry Gershenson, St. Louis, for respondents.

BRADY, Commissioner.

The question presented by this appeal deals with the ownership of a fund of $3,389.43, which is the amount of a fire loss on a building insured by the Northwestern National Insurance Company, hereinafter referred to as Northwestern. This fund was paid into the court in an interpleader action by Northwestern.

The pleadings and proof present the following set of facts. Mrs. Mildenberger was the owner of a building at 4957 Terry Avenue in...

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