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  5. 664 F.Supp. 1025 (1987)
 

RIVES FOR RIVES v. FRANKLIN LIFE INS. CO.

No. EC84-168-LS-D.

664 F.Supp. 1025 (1987)

Mary George RIVES, As Guardian For Her Minor Children, Mary Donna RIVES, Gennifer George Rives and Don Shurden Rives, Jr., and Mary George Rives, As Trustee of the Testamentary Trust of Don Shurden Rives, Sr., Deceased, for the Benefit of his Minor Children, Mary Donna Rives, Gennifer George Rives and Don Shurden Rives, Jr., Plaintiffs, v. The FRANKLIN LIFE INSURANCE COMPANY, A Corporation; the Equitable Life Assurance Society of the United States, A Corporation, et al., Defendants.

United States District Court, N.D. Mississippi, E.D.

July 20, 1987.

Attorney(s) appearing for the Case

Martin S. Friedlander, David E. Wheeler, Herzfeld & Rubin, Los Angeles, Cal., Frank M. Deramus, Deramus & Tucker, Louisville, Miss., for plaintiffs.

D. Gary Sutherland, Joseph A. O'Connell, Heidelberg, Sutherland and McKenzie, Hattiesburg, Miss., for defendants.

MEMORANDUM OPINION

SENTER, Chief Judge.

Plaintiffs bring this action pursuant to 28 U.S.C. § 1332 alleging that the defendants have wrongfully denied their claim to benefits under the terms of two life insurance policies. This cause is presently before the court on defendants' motion for partial summary judgment.

I.

In October of 1980, Don Shurden Rives, Sr., purchased two life insurance policies

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