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LIBERTY LIFE ASSUR. CO. OF BOSTON v. GILBERT

Nos. 06-6068, 06-6078, 06-6079.

507 F.3d 952 (2007)

LIBERTY LIFE ASSURANCE COMPANY OF BOSTON and Sun Life Assurance Company of Canada (U.S.), Plaintiffs-Appellees/Cross-Appellants (06-6079), v. Lloyd F. GILBERT, Jr., Defendant, Irene K. Wolfe (06-6068); Singer Asset Finance Company, LLC (06-6078), Defendants-Appellants/Cross-Appellees, Stephanie Muschlitz, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2007.

Attorney(s) appearing for the Case

ARGUED: Carrollyn C. Cox, Cox & Cox, Virginia Beach, Virginia, Christopher H. Howard, Schwabe, Williamson & Wyatt, Seattle, Washington, Todd A. Shelton, Rogers, Laughlin, Nunnally, Hood & Crum, Greeneville, Tennessee, for Defendants. H. Mark Stichel, Gohn, Hankey & Stichel, Baltimore, Maryland, for Plaintiffs. ON BRIEF: Carrollyn C. Cox, Cox & Cox, Virginia Beach, Virginia, Jerry W. Laughlin, Rogers, Laughlin, Nunnally, Hood & Crum, Greeneville, Tennessee, Howard E. Jarvis, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, Tennessee, H. Scott Reams, Taylor, Reams, Tilson & Harrison, Morristown, Tennessee, for Defendants. H. Mark Stichel, Gohn, Hankey & Stichel, Baltimore, Maryland, for Plaintiffs.

Before: MARTIN, GUY, and CLAY, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This Court is faced with the unenviable task of deciphering what would surely be an excellent law school exam question in first-year civil procedure. Liberty Life Assurance of Boston and Sun Life Assurance Company of Canada filed the present interpleader and declaratory relief action in order to determine who was due annuity payments originally received by the decedent, Lloyd Gilbert. Gilbert's ex-wife, Irene...

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