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CHEN v. METROPOLITAN INS. AND ANNUITY CO.

No. 89-2805.

907 F.2d 566 (1990)

Wei-Ni CHEN and Jimmy Po-Chen Lee, Individually, and as Next Friend for Helen Ay-Luen Lee, a Minor, Plaintiffs-Appellants, v. METROPOLITAN INSURANCE AND ANNUITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 6, 1990.

Attorney(s) appearing for the Case

J. Martin Clauder, Charles K. Stephenson, Stephenson, Anderson & Assocs., Inc., Houston, Tex., for plaintiffs-appellants.

Alvin Pasternak, William J. Toppeta, New York City, for defendant-appellee.

Before BROWN, JOLLY and DAVIS, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Facts and Procedure Below

On September 18, 1986, while celebrating a Chinese festival, Ching Sing Lee (Lee) died as a result of drinking too much brandy. A life insurance policy (Policy) issued to Lee by Metropolitan Insurance and Annuity Company (Metropolitan) provided for the payment of $100,000.00 to Lee's wife and children (the Beneficiaries) in the event of his death. Metropolitan has paid this amount. The Policy...

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