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SCHULTZ v. METROPOLITAN LIFE INS. CO.

No. 88-3658.

872 F.2d 676 (1989)

Barbara and Christopher SCHULTZ, Individually and on Behalf of Their Minor Daughter, Rachel, Plaintiffs-Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, et al., Defendants, Hart Schaffner & Marx, (Hartmarx Corporation), Defendant-Appellee. and Barbara SCHULTZ/Christopher Schultz, Individually and on Behalf of Their Minor Daughter, Rachel Schultz, Plaintiffs-Appellants, v. HART SCHAFFNER & MARX SUBSIDIARY and AFFILIATED COMPANIES GROUP LIFE INSURANCE and MEDICAL PLAN (The Plan), Hart Schaffner & Marx, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 12, 1989.

Attorney(s) appearing for the Case

Edward F. Downing, III, Gauthier, Murphy, Sherman, Chehardy & Ellis, Metairie, La., for plaintiffs-appellants.

Gary D. Ashman, Chicago, Ill., Jerry C. Paradis, Metairie, La., and Carey M. Stein, and Margaret F. Woulfe, Hartmarx Corp., Chicago, Ill., for defendants-appellees.

Before CLARK, Chief Judge, and RUBIN and DAVIS, Circuit Judges.

CLARK, Chief Judge:

Barbara and Christopher Schultz (collectively "Schultz") appeal from the summary judgment entered against them by the district court. We affirm.

I.

On July 9, 1982 a Pan American Airlines jet crashed into the Schultz home. One of the Schultz children was killed, and Mrs. Schultz and another Schultz child were injured. At the time of the accident, Mr. Schultz was employed by Porter-Stevens, Inc., a subsidiary of Hart, Schaffner...

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