RANGER INS. CO. v. ESTATE OF MIJNE

No. 92-8513.

991 F.2d 240 (1993)

RANGER INSURANCE COMPANY on Behalf of Steven BERNSTEIN, d/b/a Levelland Aviation, Plaintiff-Appellee, v. The ESTATE OF Max MIJNE, et al., Defendants, Roland Potzner and Margot Potzner individually and as representatives of the estate of Marc Potzner, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 21, 1993.


Attorney(s) appearing for the Case

John O'Herren, Sheehy, Lovelace & May-field, Waco, TX, Peter R. Tolley, Tolley, Fischer & Verwys, P.C., Grand Rapids, MI, Peter K. Rusek, Sheehy, Lovelace & Mayfield, P.C., Waco, TX, for defendants-appellants.

Dick R. Holland, Miles R. Nelson, Boldrick & Clifton, Midland, TX, James Teague Crouse, Katherine A. Braden, Speiser, Krause, Madole & Mendelsohn Mata, San Antonio, TX, for plaintiff-appellee.

Before JOHNSON, SMITH, and EMILIO M. GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Marc Potzner and Max Mijne, Jr. died when the small plane they were operating crashed. Marc Potzner had rented the plane from Levelland Aviation ("Levelland"). Levelland's insurance carrier, Ranger Insurance Company ("Ranger"), filed an interpleader action to determine which estate — Mijne or Potzner — was entitled to insurance proceeds. All parties filed motions for declaratory and summary judgment. Finding that the insurance...

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