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ALBRACHT v. PRUDENTIAL INS. CO. OF AMERICA

No. 41488.

267 N.W.2d 511 (1978)

201 Neb. 249

Simon J. ALBRACHT, Appellee, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, a corporation, Defendant and Appellee, Impleaded with Max L. Pofahl, administrator of Estate of Mary J. Neudeck, Deceased, Substituted Defendant and Appellant, Impleaded with James L. Sanderson, administrator of Estate of Susan A. Sanderson, Deceased, Robin T. Neudeck, a minor, Tracy Lee Neudeck, a minor, and William T. Neudeck, a minor, Substituted Defendants and Appellees.

Supreme Court of Nebraska.

June 28, 1978.

Attorney(s) appearing for the Case

Hutton & Garden, P. C., Norfolk, for defendant and appellee.

Terry Anderson of Lathrop & Albracht, Omaha, for appellee Albracht.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

McCOWN, Justice.

The plaintiff brought this action against the defendant insurance company to recover proceeds due under a life insurance policy which had been delivered and orally assigned to the plaintiff by the named beneficiary. The defendant insurance company paid the proceeds of the insurance policy into court and interpleaded the administrator of the estate of the named beneficiary, who was substituted as a defendant. The District Court determined that plaintiff...

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