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MUTUAL TRUST LIFE INSURANCE COMPANY v. WEMYSS

Civ. No. 10-165.

309 F.Supp. 1221 (1970)

MUTUAL TRUST LIFE INSURANCE COMPANY, Plaintiff, v. George S. WEMYSS et al., Defendants.

United States District Court, D. Maine, S. D.

February 27, 1970.

Attorney(s) appearing for the Case

John A. Mitchell, Portland, Me., for plaintiff.

Robert M. York, Old Orchard, Me., James R. Desmond, Robert C. Robinson, James R. Flaker, David N. Fisher, Jr., Harrison Richardson, Portland, Me., for defendants.

OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

This is an action brought by Mutual Trust Life Insurance Company arising out of the defalcations and subsequent bankruptcy of a former general agent, George S. Wemyss. Jurisdiction is grounded in diversity of citizenship. The amended complaint is in three counts. The first count is an action in the nature of interpleader pursuant to the Federal Interpleader Act, 28 U.S.C. § 1335 (1964), to determine...

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