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UNITED STATES v. ESTATE OF SWAN

No. 29372.

441 F.2d 1082 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. The ESTATE of Pope Lott SWAN, Deceased, Patsy Ann O'Gilvy, Administratrix of the Estate of Pope Lott Swan, Deceased, Defendants. The LUBBOCK NATIONAL BANK, LUBLOCK, TEXAS, et al., Interpleaders-Appellees, v. Patsy Ann O'GILVY, Administratrix of the Estate of Pope Lott Swan, Deceased, and Individually, Defendant-Appellee-Cross Appellant, v. The UNION BANK OF CALIFORNIA, Defendant-Appellant-Cross Appellee, Zola Blicker, Evelyn West and J. R. Blumrosen, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 19, 1971.

As Amended on Denial of Rehearing April 26, 1971.

Attorney(s) appearing for the Case

Willaim H. Evans, Evans, Pharr, Trout & Jones, Carlton B. Dodson, Lubbock, Tex., for Union Bank of Cal.

Bill A. Davis, Lubbock, Tex., for Patsy Ann O'Gilvy.

Eldon B. Mahon, U. S. Atty., Alex H. McGlinchey, Asst. U. S. Atty., Fort Worth, Tex., Clarence J. Brogan, William S. Estabrook, Attys., Tax Div., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Crombie J. D. Garrett, Attys., Dept. of Justice, Washington, D. C., for the United States.

Ronald M. Yeager, Lubbock, Tex., for Lubbock Nat. Bank.

J. R. Blumrosen, Lubbock, Tex., for J. R. Blumrosen and Zola Blicker.

Forrest Bowers, Lubbock, Tex., for Evelyn West.

Before COLEMAN, AINSWORTH and GODBOLD, Circuit Judges.

Rehearing Denied on Behalf of Union Bank of California April 19, 1971.

As Amended on Denial of Rehearing on Behalf of Patsy Ann O'Gilvy April 26, 1971.

AINSWORTH, Circuit Judge:

At stake in this interpleader action is the sum of $35,857.93, the undistributed assets of the Estate of Pope Lott Swan, deceased. On October 18, 1968, the Lubbock National Bank and the County Clerk of Lubbock County, Texas, custodians of these funds, filed a complaint for...

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