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MURDOCK v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

No. 82-4540 Summary Calendar.

714 F.2d 474 (1983)

Jeffrey A. MURDOCK, Jr., a minor, By and Through his mother, guardian and next friend, Stevonne MURDOCK, Plaintiff-Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Third-Party-Plaintiff, Annie Lois Walker, Third-Party-Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 17, 1983.

Attorney(s) appearing for the Case

Bobby G. O'Barr, Matt G. Lyons, Biloxi, Miss., for third-party-defendant-appellant.

Johnston & Steinberger, Karl R. Steinberger, Albert S. Johnston, III, Pascagoula, Miss., for plaintiff-appellee.

Before BROWN, REAVLEY and JOLLY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Jeffrey Murdock, Sr. died in a fire on February 8, 1981. At the time, he, as an employee of Bell States East (a division of Western Electric Corporation), was insured pursuant to a group policy issued by the Equitable Life Assurance Society of America. The terms of the policy permitted the insured to change the named beneficiary but required that any changes be in writing. Furthermore, the policy provided that such changes would become...

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