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(Download) "In Re of James T. Bohart" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free

In Re of James T. Bohart

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eBook details

  • Title: In Re of James T. Bohart
  • Author : United States Court of Appeals for the Fifth Circuit
  • Release Date : January 09, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

The Mutual Life Insurance Company of New York ("Mutual") appeals the dismissal of its interpleader action, brought under Fed. R. Civ. P. 22(1) and Bankruptcy Rule 722, and the money judgment against it and in favor of Universal Metals & Machinery, Inc. ("Universal"), a defendant in the interpleader, on the latters counterclaim in those proceedings. Appellees are Universal, James T. Bohart ("Bohart"), and Boharts trustee in bankruptcy (the "Trustee"). The bankruptcy court based its dismissal of the interpleader on laches, finding that the filing of the interpleader was untimely and that such delay caused prejudice to appellees. The judgment for Universal against Mutual was based on Universals prior garnishment of sums due by Mutual to Bohart as beneficiary of a Mutual life insurance policy. We reverse and remand.


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