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METROPOLITAN LIFE INS. CO. v. SMITH

No. C-C-88-507-P.

727 F.Supp. 234 (1989)

METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. William F. SMITH, Collector of the Estate of Edward James Brennan, and Patsy W. Underwood, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

November 17, 1989.

Attorney(s) appearing for the Case

Thomas Ashe Lockhart and George K. Evans, Cansler & Lockhart, P.A., Charlotte, N.C., for plaintiff.

John F. Ray and Kenneth R. Raynor, Wishart Norris Henninger & Pittman, P.A., and E. Fitzgerald Parnell, III, Weinstein & Sturges, P.A., Charlotte, N.C., for defendants.

ORDER AND MEMORANDUM OF DECISION

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on cross Motions for Summary Judgment filed by each party in this action. The Court has jurisdiction over this action, filed November 16, 1988, pursuant to 28 U.S.C. § 1332. This lawsuit has resulted from Plaintiff Metropolitan Life Insurance Company's payment of death benefits to Defendant William F. Smith and Defendant Patsy W. Underwood's subsequent claim...

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