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GRAINGER v. WESTERN CAS. LIFE INS. CO.

No. 01-93-00407-CV.

930 S.W.2d 609 (1996)

Robert GRAINGER, as the Legal Representative of the Estate of Bruce Grainger and Arlene Grainger, Appellants, v. WESTERN CASUALTY LIFE INSURANCE CO., Richard P. Dale, and Leland R. Kohutek, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled September 12, 1996.

Attorney(s) appearing for the Case

Joe K. Longley, Tim Labadie, Austin, for Appellants.

Richard G. Caldwell, Thomas M. Farrell, David P. Griffith, Houston, for Appellees.

Before O'CONNOR, WILSON and PRICE, JJ.

OPINION

WILSON, Justice.

Robert Grainger, representing the estate of his brother, Bruce Grainger, and Arlene Grainger (the Graingers), appeal from the trial court's order granting summary judgment for Western Casualty Life Insurance Co. (Western). The trial court found the insurance policy in this case was part of an "employee welfare benefit plan" governed by the Employee Retirement Income Security Act (ERISA). The court further found all causes of action...

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