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EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES v. MILLER

No. 6-63-Civ. 355.

229 F.Supp. 1018 (1964)

The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Plaintiff, v. Esther R. MILLER and Lorna N. Miller, Defendants.

United States District Court D. Minnesota, Sixth Division.

May 22, 1964.

Attorney(s) appearing for the Case

Richard H. Kyle, St. Paul, Minn., for plaintiff.

Albert H. Newman, Minneapolis, Minn., for defendant Esther R. Miller.

Paul Van Valkenburg, Minneapolis, Minn., for defendant Lorna N. Miller.

LARSON, District Judge.

This is an interpleader action brought under 28 U.S.C. § 1335, requesting a discharge from liability under 28 U.S.C. § 2361. The plaintiff insured the life of one Frank G. Miller in 1933. In 1937 Miller named his then wife, Esther R. Miller, as beneficiary of the policy in question. In 1942 Frank and Esther R. Miller were divorced and Miller subsequently married Lorna N. Miller, who was his wife at the time of his death in 1962.<...

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