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KLEBANOFF v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

No. 333, Docket 30011.

362 F.2d 975 (1966)

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

United States Court of Appeals Second Circuit.

Decided June 27, 1966.

Attorney(s) appearing for the Case

Ira B. Grudberg, New Haven, Conn. (Jacobs, Jacobs, Jacobs & Jacobs, New Haven, Conn., on the brief), for plaintiff-appellant.

Kenneth L. McCardle, Dept. of Justice (Jon O. Newman, U. S. Atty., for District of Conn., Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson and I. Henry Katz, Attys., Dept. of Justice, on the brief), for intervening plaintiff-appellee.

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

James T. Brennan, West Haven, Conn. (Charles H. Fischer, Fischer & Fischer, West Haven, Conn., on the brief), for W. Paul Flynn, Trustee in Bankruptcy, Estates of Sayre W. Klebanoff and M. Edward Klebanoff, defendant-appellee.

Before WATERMAN, KAUFMAN and ANDERSON, Circuit Judges.

KAUFMAN, Circuit Judge:

Mrs. Sayre W. Klebanoff appeals from a partial summary judgment award of $58,896.09 in life insurance proceeds plus interest to W. Paul Flynn as trustee in bankruptcy of Mrs. Klebanoff's bankrupt estate. The District Judge, who was confronted with a complex factual setting, dealt thoroughly with the manifold contentions of the multiple parties and, as a result, the issues raised here already have been substantially pruned and refined for appellate...

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