Equitable Life Assur. Soc. v. Baumgardner

DUNCAN, District Judge.

This is an action by the Equitable Life Assurance Society of the United States, a New York corporation, against Roberta Baumgardner, a resident of Missouri, and Ray Wentworth, administrator of the estate of Wilbur H. Pugh, deceased, a resident of the State of Kansas. This action is brought under the Federal Interpleader Act, U.S.C.A. Title 28, Section 41(26).

Plaintiff paid into the registry of the ■court, the proceeds of the insurance policy in controversy, and each of the defendants has filed answer claiming the fund.

On August 30, 1933 plaintiff issued its policy No.…