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  5. 728 F.Supp.2d 183 (2010)
 

LIFE INS. CO. OF NORTH AMERICA v. NESOM

Nos. 6:09-cv-11 (Lead), 6:09-CV-1118 (Member).

728 F.Supp.2d 183 (2010)

LIFE INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. Jan NESOM; Michael Straney; J.S., a minor; Joanne Straney; and Rachel Straney, Defendants. North American Company for Life and Health Insurance, Plaintiff, v. Jan Nesom; Michael Straney; Rachel Straney; Joanne Straney; Jeffrey Alan Straney; Naomi P. Straney, Individually and as Trustee; and Charles Thomas Straney, Trustee; Defendants.

United States District Court, N.D. New York.

July 30, 2010.

Attorney(s) appearing for the Case

Wilson Elser , Moskowitz, Edelman & Dicker LLP, Of Counsel, Fred Knopf, Esq., Emily A. Hayes, Esq ., White Plains, NY, for Plaintiffs.

McNamee, Lochner, Titus & Williams, P.C., Of Counsel, Scott A. Barbour, Esq ., Mathew P. Barry, Esq ., Albany, NY, for Defendant Jan Nesom.

Phillips Lytle, LLP, Of Counsel, Marc H. Goldberg, Esq ., Albany, NY, for Straney Defendants.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

This action is the result of conflicting claims to the proceeds of two life insurance policies. James Patrick Straney ("James") maintained policies with two insurance companies at the time of his death, North American Company for Life and Health Insurance ("NACOLAH") and Life Insurance Company of North America ("LINA").

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