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BUSINESS MEN'S ASSUR. CO. v. NORTHERN CAL. VENEER, INC.

No. 25235.

453 F.2d 387 (1971)

BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA, Plaintiff, v. NORTHERN CALIFORNIA VENEER, INC., a corporation, Defendant-Appellee, and Dorothy M. Burke, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 28, 1971.

Attorney(s) appearing for the Case

David C. Landis (argued), of Gearin, Hollister & Landis, Theodore D. Lachman, Portland, Or., for defendant-appellant.

Robert L. Allen (argued), James L. Sutherland, of Morrison & Baily, and Curtis W. Cutsforth, of King, Miller, Anderson, Nash & Yerke, Portland, Ore., for plaintiff-appellee.

Before HUFSTEDLER and WRIGHT, Circuit Judges, and SMITH, District Judge.

PER CURIAM:

Business Men's Assurance Company brought this interpleader action for distribution of the proceeds from an insurance policy on the life of Robert Burke. Federal jurisdiction was founded on diversity of citizenship. The claimants are Northern California Veneer, Inc. (Norcal), a creditor of the insured, and Dorothy Burke, widow of the insured.

The district court found that the policy had been purchased for the protection of Burke's business creditors...

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