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TRAVELERS INSURANCE COMPANY v. KEITH

No. 42.

196 S.E.2d 731 (1973)

283 N.C. 577

TRAVELERS INSURANCE COMPANY v. Gorman Z. KEITH and Norfolk Southern Railway Company.

Supreme Court of North Carolina.

June 1, 1973.

Attorney(s) appearing for the Case

R. Mayne Albright, Raleigh, for Gorman Z. Keith, defendant appellee.

Young, Moore & Henderson by J. Clark Brewer and Charles H. Young, Raleigh, for Norfolk Southern Railway Company, defendant appellant.

SHARP, Justice:

Plaintiff Travelers has invoked the remedy of interpleader provided by G. S. § 1A-1, Rule 22, by paying its liability under Group Policy No. GA 23000 into court in a proceeding to which all to whom it might be obligated under the policy are parties. See Phillips, 1970 Supplement to 1 McIntosh, North Carolina Practice and Procedure § 728. Thus each defendant is the adversary of the other...

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