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EMPIRE LIFE INS. CO. OF AMERICA v. MOODY

No. B-8027.

584 S.W.2d 855 (1979)

EMPIRE LIFE INSURANCE COMPANY OF AMERICA et al., Petitioners, v. Shearn MOODY, Jr., Respondent.

Supreme Court of Texas.

July 18, 1979.

Attorney(s) appearing for the Case

McGinnis, Lochridge & Kilgore, Shannon H. Ratliff, Austin, for petitioners.

Newman, Shook & Newman, Frank Newman, Dallas, Frederick J. Lawson, Sherman Oaks, Cal., Reynolds, Allen & Cook, Joe H. Reynolds, Houston, for respondent.

POPE, Justice.

Two questions are presented by this appeal. The first one is whether there is a justiciable controversy which can be decided under the Uniform Declaratory Judgments Act, Tex.Rev.Civ.Stat.Ann. art. 2524-1; the second one is whether an assignment by the owner of and beneficiary under life insurance policies was valid. After a trial to the court on stipulated facts, the trial court rendered a declaratory judgment that the assignment was valid, but the...

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