Art Builders Profit Sharing Plan v. Bosely

MEMORANDUM

MOTZ, District Judge.

These consolidated cases were brought to determine the respective rights of the children and the widow of Melvin G. Bosely to benefits due from the Art Builders Profit Sharing Plan upon Mr. Bosely’s death. Bosely’s children commenced Civil No. 85-2187 against the Plan and its administrator to prohibit any distributions from the Plan to Mrs. Bosely. Thereafter, the Plan instituted Civil No. 85-2211 as an interpleader action naming the children and Mrs. Bosely as defendants and requesting that their respective rights be determined. 1

Mr. Bosely, together with his…