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FIRST COLONY LIFE INS. v. GERDES

No. S-02-1385.

676 N.W.2d 58 (2004)

267 Neb. 632

FIRST COLONY LIFE INSURANCE COMPANY, appellee, v. Michael GERDES and Linda Gerdes, appellants, and Laura Albers (Smith) et al., appellees.

Supreme Court of Nebraska.

March 19, 2004.

Attorney(s) appearing for the Case

Frederick S. Cassman, of Abrahams, Kaslow & Cassman, L.L.P., Omaha, for appellants.

Christian R. Blunk, of Berkshire & Blunk, Omaha, for appellees Laura Albers (Smith), Julie Smith, and Brian Behrens.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

HENDRY, C.J.

INTRODUCTION

This is an interpleader action brought by First Colony Life Insurance Company (First Colony) to determine the rightful beneficiary of a life insurance policy issued to Thomas A. Smith (Smith) in the amount of $100,000. The two groups of defendants that First Colony interpleaded were Smith's daughters from his first marriage and Smith's stepchildren from his second marriage.

FACTUAL...

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