LIFE INS. CO. OF NORTH AMERICA v. McCUNE

Nos. 54939, 54944.

776 S.W.2d 401 (1989)

LIFE INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. William McCUNE, Mary J. McCune, Carol Cole and David W. Suddarth, as personal Representative of the Estate of Linda Booth Appellants, v. Kathleen MYERS, as Guardian of Jacqueline M. Booth and Brandon S. Booth, and David W. Suddarth, as Personal Representative of the Estate of Gerard Booth, Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied March 15, 1989.

Case Transferred April 18, 1989.

Case Retransferred October 10, 1989.

Original Opinion Reinstated October 13, 1989.


Attorney(s) appearing for the Case

Thomas F. Eagleton, Stuart Symington Jr., Mark Sableman, St. Louis, for appellant McCune.

Dennis J. Myers, Alan G. Kimbrell, St. Louis, for Kathleen Myers, as guardian-respondent.

Gerard T. Carmody, Deborah Bell Yates, St. Louis, for Life Ins. Co. of North America.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 15, 1989.

Case Transferred to Supreme Court April 18, 1989.

Case Retransferred to Court of Appeals October 10, 1989.

SMITH, Presiding Judge.

Appellants, hereinafter, for convenience, the McCunes, appeal from a judgment in an interpleader action awarding $300,000 of insurance proceeds to the respondents, hereinafter, for convenience, the Myers.

Linda Booth and Gerard...

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