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MICHELMAN v. LINCOLN NAT. LIFE INS. CO.

No. 11-35393.

685 F.3d 887 (2012)

Gail MICHELMAN, an individual, Plaintiff-Appellant, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, a foreign insurance company; John and Jane Does, 1-10 and the marital communities comprised thereof, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2012.

Attorney(s) appearing for the Case

Dan'L Bridges , McGaughey Bridges Dunlap, PLLC, Bellevue, WA, for the plaintiff-appellant.

Walter E. Barton , Johanna M. Coolbaugh , Medora A. Marisseau (argued), Karr Tuttle Campbell , Seattle, WA, for the defendants-appellees.

Before: BARRY G. SILVERMAN and MARY H. MURGUIA, Circuit Judges, and DOLLY M. GEE, District Judge.

OPINION

GEE, District Judge:

We are asked to decide whether an adverse claim to a stake may be so lacking in substance that a neutral stakeholder cannot interplead in good faith. Interpleader is proper when a stakeholder has at least a good faith belief that there are conflicting colorable claims. We conclude that Appellee met this requirement.

I. BACKGROUND

Gail and Irwin Michelman submitted a life insurance application to Lincoln National...

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