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HAYS v. JACKSON NATIONAL LIFE INS. CO.

No. 96-5089

105 F.3d 583 (1997)

Virginia Kay HAYS; Sandra Matthews, as mother and next friend of Garrett Reid Hays, a minor child; Deana Lori Hays, aka Deana Lori Simonsen, beneficiary; Lou Emma Doppelmayr, beneficiary, Plaintiffs-Appellants, v. JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 27, 1997.

Attorney(s) appearing for the Case

Harry Scoufos (Thomas W. Condit, with him on the briefs), Law Offices of Harry Scoufos, P.C., Sallisaw, Oklahoma, for Plaintiffs-Appellants.

Richard C. Ford (Anton J. Rupert, on the brief), Crowe & Dunlevy, Oklahoma City, Oklahoma, for Defendant-Appellee.

Before ANDERSON, LUCERO, and MURPHY, Circuit Judges.

STEPHEN K. ANDERSON, Circuit Judge.

Plaintiffs are beneficiaries of James T. Hays under a life insurance policy issued by Jackson National Life Insurance Company. In this diversity action, they appeal the district court's order granting Jackson National summary judgment on plaintiffs' contract and tort claims, which generally alleged that Jackson National wrongfully refused to pay death benefits under the policy. Jackson National denied payment because of alleged...

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