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LAIN v. JOHN HANCOCK MUTUAL LIFE INS. CO.

No. 79-435.

79 Ill. App.3d 264 (1979)

398 N.E.2d 278

KENT ALAN LAIN, Adm'r of the Estate of Elsie H. Lain, Deceased, Plaintiff and Counterdefendant-Appellee, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant and Counterplaintiff-Appellant. — (THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Counterplaintiff; MOHAMAD H. BAYZID, Counterdefendant.)

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied January 8, 1980.

Attorney(s) appearing for the Case

Peterson, Ross, Schloerb & Seidel, of Chicago (J. Robert Geiman and Ellen J. Kerschner, of counsel), for appellant.

Fisher, Hassen & Fisher, of Chicago, for appellee.

Judgment reversed.

Mr. JUSTICE PERLIN delivered the opinion of the court:

This is an appeal from a summary judgment entered by the circuit court of Cook County in an interpleader action brought to determine the rightful claimant to the proceeds of a life insurance policy. Appeal is also taken from an order denying a motion to dismiss for failure to join a "necessary and indispensable" party.

The following issues are presented for review: whether the...

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