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EMARD v. HUGHES AIRCRAFT CO.

No. 96-56584.

153 F.3d 949 (1998)

Gary EMARD, Plaintiff-Appellant, v. HUGHES AIRCRAFT COMPANY, a corporation; Metropolitan Life Insurance Company, a corporation; Alex Stencel, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted February 12, 1998.

Decided August 20, 1998.

Attorney(s) appearing for the Case

Gerald N. Shelley, Costa Mesa, California, for plaintiff-appellant.

Ralph R. Loyd, Horwitz & Beam, Irvine, California, for defendant-appellee Alex Stencel.

Before: PREGERSON, BEEZER and HALL, Circuit Judges.

Opinion by Judge BEEZER; Partial Concurrence and Partial Dissent by Judge CYNTHIA HOLCOMB HALL.

BEEZER, Circuit Judge:

Gary Emard ("Emard") filed an action in California state court seeking a declaration that, under California law, he is entitled to at least half of the proceeds of two term insurance policies insuring the life of his deceased wife, Ginger Emard ("Ginger"). The policies were issued as an employee benefit under

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