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MANHATTAN LIFE INSURANCE COMPANY v. BARNES

No. 25495.

462 F.2d 629 (1972)

The MANHATTAN LIFE INSURANCE COMPANY, a New York Corporation, Plaintiff, v. Margaret Ann BARNES, Defendant-Appellee, Margaret Ann Smith and Victoria L. Bakke, formerly known as Victoria L. Barnes, Defendants-Appellants, Barbara J. Thompson, formerly known as Barbara J. Barnes, and Margaret Ann Smith, as Administratrix of the Estate of Victor H. Barnes, deceased, Defendants. Margaret Ann BARNES, Cross-Claimant-Appellee, v. The MANHATTAN LIFE INSURANCE COMPANY, Cross-Defendant, Margaret Ann Smith and Victoria L. Bakke, Cross-Defendants-Appellants, Barbara Jean Thompson, Cross-Defendant.

United States Court of Appeals, Ninth Circuit.

June 19, 1972.

Attorney(s) appearing for the Case

Wade H. Hover (argued) San Jose, Cal., William S. Love, of Hardy, Carley, Love & Jaffe, Palo Alto, Cal., Eleanor M. Kraft, of Kraft & Kraft, San Jose, Cal., for appellant.

Jay B. Pendleton (argued), of Hubbell, Pendleton & Cook, San Jose, Cal., Thacher, Jones, Casey & Ball, San Francisco Cal., Wilson, Mosher & Martin, Palo Alto, Cal., for appellee.

Before CHOY and GOODWIN, Circuit Judges, and PREGERSON, District Judge.

PREGERSON, District Judge:

The Manhattan Life Insurance Company [hereinafter "Manhattan"] brought this action in interpleader on March 11, 1968, pursuant to 28 U.S.C. § 1335, to determine the beneficiary of group life insurance policy # 1878 GL. Manhattan had issued the policy on April 14, 1960, on the life of one Victor H. Barnes. Barnes had died on December 22, 1967. In its complaint Manhattan admitted liability in the amount of $55,000 plus interest at the...

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