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EQUITABLE LIFE ASSUR. v. McKAY

No. 86-3614.

837 F.2d 904 (1988)

The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff, and Carolyn McKay, a Washington resident, Defendant-Appellant, v. Harlan David McKAY, Jr., Dana Williford, and Marjorie McKay, as guardian for Sean Michael McKay, Oregon residents, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1988.

Attorney(s) appearing for the Case

James A. Trujillo, Bellevue, Wash., for defendant-appellant.

Daniel E. McCabe, Aloha, Or., for defendants-appellees.

Before WRIGHT, WALLACE and PREGERSON, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

The Equitable Life Assurance Society of the United States ("Equitable Life") brought this interpleader action to determine the beneficiary of two life insurance policies purchased by the decedent, David McKay. The district court granted summary judgment in favor of McKay's children and against his widow, Carolyn McKay, on the ground that the Washington Deadman's Statute, Wash.Rev.Code § 5.60.030, required the exclusion...

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