Legal Opinion

Henry Follenfant v. Mary H. Rogers

Court of Appeals for the Fifth Circuit

Decided April 5, 1966No. 22690PublishedCited by 19 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge:

This suit, an interpleader action under 28 U.S.C. § 1335, was brought to determine the ownership of one-half of the proceeds of a life insurance policy issued to, and insuring the life of, Lucien T. Rogers. Mrs. Mary H. Rogers, widow of the now-deceased Lucien T. Rogers, claims the disputed proceeds as the original sole beneficiary of the policy; Henry Follenfant claims the disputed proceeds under a Change of Beneficiary purportedly executed by Rogers shortly before his death. The court below ruled that the evidence failed to establish that Rogers either executed or…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Hanna v. PlumerSupreme Court of the United States · 1965
  3. Swift & Co. v. YoungCourt of Appeals for the Fourth Circuit · 1939
  4. Brown v. Union Central Life Ins. Co.Court of Appeals of Texas · 1934
  5. Employers Mutual Liability Insurance Company of Wisconsin v. Bill G. BluntCourt of Appeals for the Fifth Circuit · 1955

3Cited by19 opinions

  1. Har-Pen Truck Lines, Inc. v. Frederick Allen Mills, IIICourt of Appeals for the Fifth Circuit · 1967
  2. The Royalty Network, Inc. v. Carl HarrisCourt of Appeals for the Eleventh Circuit · 2014
  3. State of Wisconsin Investment Board v. Plantation Square Associates, Ltd.District Court, S.D. Florida · 1991
  4. United States Life Insurance v. Logus Manufacturing Corp.District Court, S.D. Florida · 2012
  5. Sneed Shipbuilding, Inc. v. Spanier Marine Corp.District Court, E.D. Texas · 1989

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