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HOME INSURANCE COMPANY v. BURNS

Nos. 71-1109, 71-1253.

474 F.2d 1001 (1973)

HOME INSURANCE COMPANY, a New York corporation, Plaintiff-Appellant, v. Gene B. BURNS, dba Mr. Geno, etc., et al., Defendants-Appellees, Tom Barrett, Party-Defendant Appellee.

United States Court of Appeals, Ninth Circuit.

February 6, 1973.

Attorney(s) appearing for the Case

Lee E. Esch, of Jennings, Strouss & Salmon, Phoenix, Ariz., for appellant.

Thomas W. Murphy, of Murphy, Posner & Franks, Phoenix, Ariz., Wilson, McConnell & Moroney, Phoenix, Ariz., Filler, Paytas, Shannon, Fleming & Stephensen, Phoenix, Ariz., for appellee.

Before BROWNING and GOODWIN, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

On August 14, 1970, Home Insurance Company, plaintiff-appellant, filed an interpleader action against Gene B. Burns, dba Mr. Geno, and creditors of Burns who claimed proceeds of an insurance policy issued by plaintiff to Burns, and deposited $26,061.84 with the registry of the court.1 On October 5, 1970 the court entered an order requiring interpleader, enjoining defendants from instituting actions with respect to moneys due...

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