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UNION MUT. LIFE INS. CO. v. RODRIGUEZ

No. Civ. 75-1132.

505 F.Supp. 395 (1975)

UNION MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. Bonita RODRIGUEZ, Alma Schmidt Rodriguez, Administratrix of the Estate of Augustin Rodriguez, deceased, and Carmen A. Rodriguez Castro, Defendants.

United States District Court, D. New Jersey.

October 20, 1975.

Attorney(s) appearing for the Case

McCarter & English by Eugene M. Haring, Newark, N. J., for plaintiff.

Bert Binder, Waldwick, N. J. (Samuel Schacter, New York City, of counsel), for defendants Bonita and Alma Rodriguez.

Arnold M. Smith, Paterson, N. J., for defendant Carmen A. Rodriguez Castro.

BIUNNO, District Judge.

The only question left open by the ruling of August 6, 1975 was whether the stake-holder should be obliged to pay into court not only the stake (which it has) but also interest thereon. On review of the further submissions, the court concludes that interest should be paid.

The insured died September 20, 1974. One claim was received on October 7 and another on October 8, 1974. One claimant sued in state court on November 26, 1974. The...

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