United States Sixth Circuit

Summary judgment for one claimant in an interpleader action filed by a pension plan seeking a declaration as to which of two claimants was decedent's surviving spouse for purposes of benefits is reversed where Ohio law, as opposed to Michigan law, should have been applied, and under Ohio law the other claimant was the surviving spouse.

Appellate Information

• Decided 05/26/2006
• Published 05/26/2006

Judges

• Before:  MERRITT, MARTIN, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Alan R. Kirshner, Toledo, Ohio, for Appellant.  Jerry R. Swift, Dean & Fulkerson, Troy, Michigan, for Appellees.