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LEIMBACH v. ALLEN

No. 91-3054.

976 F.2d 912 (1992)

Gay L. LEIMBACH, Plaintiff-Appellee, v. Marsha S. ALLEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1992.

Attorney(s) appearing for the Case

Melvin George Bergman, Lanham, Md., argued, for defendant-appellant.

Katherine Kelly Cawood, Cawood, Krain, Lotridge & Kelly, P.A., Annapolis, Md., argued (Timothy S. Smith, on brief), for plaintiff-appellee.

Before WIDENER and NIEMEYER, Circuit Judges, and MERHIGE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WIDENER, Circuit Judge:

Marsha S. Allen appeals from an order of the United States District Court for the District of Maryland entering judgment in favor of the plaintiff below, Gay L. Leimbach. We find that this Fed.R.Civ.P. 22 interpleader action is properly within the subject matter jurisdiction of the court, and that the district court did not err in finding that appellant Mrs. Allen exerted undue influence upon the decedent insured, thereby...

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