MARYLAND NATIONAL BANK v. TOWER

No. 10797.

374 F.2d 381 (1967)

MARYLAND NATIONAL BANK, Appellee, v. Naomi Bauer TOWER, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 28, 1967.


Attorney(s) appearing for the Case

Mahlon W. Hessey, Baltimore, Md. (John H. Hessey, IV, and Hessey & Hessey, Baltimore, Md., on brief), for appellant.

Walter E. Black, Jr., Baltimore, Md. (Daniel H. Honemann, Baltimore, Md., and F. DeSales Mudd, La Plata, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and RUSSELL, District Judge.


HAYNSWORTH, Chief Judge.

In imposing a constructive trust upon the proceeds of an insurance policy in the hands of the widow of the insured in favor of the pension plan trustee, we think the District Court was quite correct to the extent that the proceeds represented the cash surrender value but incorrect as to the excess which would constitute a windfall to either claimant.

The National Life Insurance Company filed an impleader action, paying into the registry...

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