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FIRST SECURITY BANK OF IDAHO, NAT. ASS'N v. ROGERS

No. 9949.

429 P.2d 386 (1967)

FIRST SECURITY BANK OF IDAHO, NATIONAL ASSOCIATION, Plaintiff-Respondent, v. Avery E. ROGERS and Dorothy Rogers, husband and wife, Defendants, Fireman's Fund Insurance Company and Credit Adjustment Agency, Inc., Defendants-Appellants, Nez Perce Roller Mills, a corporation, Defendant-Respondent, Murphy Finance Company, a corporation, and Walter W. Seibly, Defendants.

Supreme Court of Idaho.

June 29, 1967.

Attorney(s) appearing for the Case

Ware, Stellmon & O'Connell, Lewiston, for appellant.

Madden, Randall, Bengtson & Peterson, Lewiston, for First Security Bank of Idaho.

Blake, Givens, Feeney & Clark, Lewiston, for Nez Perce Roller.

McQUADE, Justice.

In this interpleader action under rule 22, Idaho R.Civ.P., instituted by respondent First Security Bank, the district court ruled on summary judgment that one claimant to the fund deposited in court, the respondent Nez Perce Roller Mills, was entitled to the entire fund of $4,061.86, and that the appellants Fireman's Fund Insurance Company and Credit Adjustment Agency, were secondary claimants. This appeal followed.

Avery E. and Dorothy Rogers...

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