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BRANCA BY BRANCA v. SECURITY BEN. LIFE INS. CO.

No. 83-5514.

773 F.2d 1158 (1985)

Maria Victoria BRANCA, a minor, and Fernando Javier Branca, a minor, by their parent, natural guardian, and next friend, Ana Maria BRANCA, Plaintiffs-Appellants, v. SECURITY BENEFIT LIFE INSURANCE COMPANY, a Kansas Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 15, 1985.

Attorney(s) appearing for the Case

Marc Postelnek, Miami Beach, Fla., for plaintiffs-appellants.

William J. Gallwey, III, P.A., Shutts & Bowen, Miami, Fla., for defendant-appellee.

Before HILL, KRAVITCH and SMITH, Circuit Judges.

EDWARD S. SMITH, Circuit Judge:

In this insurance case, appellants Maria Victoria Branca and Fernando Javier Branca, both of whom are minors, and their guardian, Ana Maria Branca (the Brancas), appeal the judgment of the United States District Court for the Southern District of Florida dismissing, on the merits, for failure to carry their burden of proof, the Brancas' action to collect the proceeds of two life insurance contracts. We affirm in part and remand.

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