KLEBANOFF v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

Civ. No. 9893.

246 F.Supp. 935 (1965)

Sayre W. KLEBANOFF, Plaintiff, United States of America, Intervening Plaintiff, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant and Plaintiff on Interpleader Counterclaim, v. Sayre W. KLEBANOFF, the Tradesmens National Bank of New Haven, and W. Paul Flynn, Trustee in Bankruptcy of the Bankrupt Estates of Sayre W. Klebanoff and M. Edward Klebanoff, Defendants on Interpleader Counterclaim.

United States District Court D. Connecticut.

July 15, 1965.


Attorney(s) appearing for the Case

Ira B. Grudberg, of Jacobs, Jacobs, Jacobs & Jacobs, New Haven, Conn., for Sayre W. Klebanoff, plaintiff in main action and a defendant on counterclaim.

Philip S. Walker and Bradley B. Bates, of Day, Berry & Howard, Hartford, Conn., for The Mutual Life Ins. Co. of New York, defendant in main action and plaintiff on counterclaim.

Lawrence W. Iannotti (Richard H. Bowerman, on the brief), of Gumbart, Corbin, Tyler & Cooper, New Haven, Conn., for The Tradesmens Nat. Bank of New Haven, a defendant on counterclaim.

Charles H. Fischer, Jr., and James T. Brennan, of Fischer & Fischer, West Haven, Conn., for W. Paul Flynn, a defendant on counterclaim as trustee in bankruptcy of bankrupt estates of Sayre W. Klebanoff and M. Edward Klebanoff.

Sherin Reynolds, Dept. of Justice, Washington, D. C. (Fred B. Ugast and Charles A. Simmons, Dept. of Justice, Washington, D. C., Robert C. Zampano, U. S. Atty., and Howard T. Owens, Jr., Asst. U. S. Atty., New Haven, Conn., on the brief), for the United States, intervening plaintiff.


TIMBERS, Chief Judge.

In this action by the named beneficiary of ten life insurance policies to recover their face value of $100,000 following the death of her insured husband, the insurer, alleging that it is holding as stakeholder the sum of $58,895.99 due upon the policies, interpleaded by counterclaim, pursuant to Rule 22(1), Fed.R. Civ.P., three claimants of the insurance proceeds held by the insurer: plaintiff as named beneficiary; a bank as judicial lien creditor...

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