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BENEFIT TRUST LIFE INS. CO. v. UNION NAT. BANK

Nos. 84-3780, 84-3801 and 84-3812.

776 F.2d 1174 (1985)

BENEFIT TRUST LIFE INSURANCE COMPANY v. UNION NATIONAL BANK OF PITTSBURGH, Administrator d.b.n.c.t.a. of the Estate of Michael F. DeJohn, Dawn DeJohn, and Jeffrey E. Ingram, guardian of the Estate of Michelle DeJohn, a minor. Appeal of BENEFIT TRUST LIFE INSURANCE COMPANY. Appeal of UNION NATIONAL BANK OF PITTSBURGH, Administrator of the Estate of Michael F. DeJohn. Appeal of Dawn DEJOHN and Jeffrey E. Ingram, Guardian of the Estate of Michelle DeJohn, a minor.

United States Court of Appeals, Third Circuit.

Decided November 15, 1985.

Attorney(s) appearing for the Case

John P. Davis, III (argued), Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., for Benefit Trust Life Ins. Co.

Michael W. Davis (argued), Columbia, Md., for Dawn DeJohn and Jeffrey Ingram.

Ronald W. Crouch (argued), Lawrence J. Kuremsky, Buchanan Ingersoll, P.C., Pittsburgh, Pa., for Union Nat. Bank of Pittsburgh.

Before HUNTER, WEIS, and MANSMANN, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

A murder prosecution against the primary beneficiary lasting for a number of years delayed the determination of the proper payees of life insurance proceeds. The district court decided that in the interim the insurance company was required to interplead and pay the proceeds into court. Having failed to do so, the company became liable for interest at the rate it had realized, one which was in excess of the legal...

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