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FIRST NATIONAL CITY BANK v. PHOENIX MUTUAL LIFE INS. CO.

No. 70 Civ. 5703.

364 F.Supp. 390 (1973)

FIRST NATIONAL CITY BANK, Plaintiff, v. PHOENIX MUTUAL LIFE INSURANCE CO. and Helen C. Gilmartin, Defendants. PHOENIX MUTUAL LIFE INSURANCE CO., Defendant and Interpleading Plaintiff, v. UNITED STATES of America, Interpleaded Defendant.

United States District Court, S. D. New York.

September 25, 1973.

Attorney(s) appearing for the Case

Thomas C. Platt, Bleakley, Platt, Schmidt & Fritz, New York City, for Phoenix Mutual Life Ins. Co.

John P. Dunne, Molloy, Fletcher & Dunne, Manhasset, N. Y., for Helen C. Gilmartin.

Edward Harris Heller, Weisman, Celler, Allan, Spett & Sheinberg, New York City, for First National City Bank.

Whitney North Seymour, New York City, (Joseph Danas), New York City, for United States of America.

OPINION

EDELSTEIN, Chief Judge:

Plaintiff, First National City Bank ("Bank"), has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure in this action to recover the proceeds of policies of life insurance which became payable to it upon the death of Robert D. Gilmartin, the insured. The interpleaded defendant, the United States, has submitted a cross-motion for summary judgment seeking to recover a portion of those proceeds...

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