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FOX VALLEY & VICINITY CONST. WORKERS v. BROWN

No. 88-2322.

879 F.2d 249 (1989)

FOX VALLEY & VICINITY CONSTRUCTION WORKERS PENSION FUND, Plaintiff-Appellee, v. Laurine BROWN (LaMar), Defendant-Appellant, and Dessie Brown, Defendant-Appellee, and All Unknown Claimants, Defendants.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 1989.

Attorney(s) appearing for the Case

Gerald L. Morel, Masuda, Funai, Eifert & Mitchell, Ltd., Chicago, Ill., for defendant-appellant Laurine Brown (LaMar).

James Merrill Neuman, Baum & Sigman, Chicago, Ill., Roy Hasseltine, Harris & Hasseltine, Florence, Ala., Nicholas F. Esposito, Esposito & Heuel, Mark A. Schramm, Terence M. Heuel, Chicago, Ill., for defendant-appellee Dessie Brown.

Before WOOD, Jr. and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

This is an interpleader action filed by the Fox Valley & Vicinity Construction Workers Pension Fund ("Fund") to determine the proper recipient of a death benefit payable because of the death of Fund participant James Brown ("James"). The defendants in the action are Laurine Brown ("Laurine"), James' former spouse, and Dessie Brown ("Dessie"), James' mother. The district court denied Laurine's motion for summary judgment and...

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