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PRUDENTIAL INS. CO. OF AMERICA v. ELLWEIN

No. Civ. 74-571.

435 F.Supp. 248 (1977)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. Winona ELLWEIN, and George L. Reed, Defendants.

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

July 29, 1977.

Attorney(s) appearing for the Case

Lowell Grosse, Miles, Cochrane, Grosse & Rossetti, Buffalo, N. Y., for plaintiff.

Lawrence D. Chase, Webster & Chase, Rochester, N. Y., for defendant Ellwein.

Philip S. Gellman, Gellman & Gellman, Niagara Falls, N. Y., for defendant Reed.

FINDINGS OF FACT and CONCLUSIONS OF LAW

ELFVIN, District Judge.

This interpleader action was instituted by the Prudential Insurance Company of America ("Prudential") under 28 U.S.C. §§ 1335 and 1397 asking this Court to settle the claims by defendants Ellwein and Reed to one-half of the proceeds from a life insurance policy issued by Prudential on the life of a serviceman, Robert Kevin Reed, which policy was issued pursuant to Subchapter III of...

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