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MESSAGEPHONE, INC. v. TEXAS LIFE, ACC., HEALTH & HOSPITAL SERVICE INS. GUARANTY ASS'N

No. 03-97-00210-CV.

966 S.W.2d 133 (1998)

MESSAGEPHONE, INC.; MPI Pass-Through Annuity Collateral Trust; and Donovan M. Campbell, M.D., Appellants, v. TEXAS LIFE, ACCIDENT, HEALTH & HOSPITAL SERVICE INSURANCE GUARANTY ASSOCIATION, Appellee.

Court of Appeals of Texas, Austin.

March 26, 1998.

Attorney(s) appearing for the Case

David C. Duggins, Clark, Thomas & Winters, Austin, for Appellants.

Camille Johnson Mauldin, Hohmann, Werner & Taube, L.L.P., Austin, for Appellee.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

To address certain issues raised in the motion for rehearing we withdraw our earlier opinion and judgment issued February 26, 1998, and substitute this one in its place.

At issue is whether certain unallocated annuities are covered under the Texas Life, Accident, Health and Hospital Service Guaranty Act.1 The annuity contracts were issued by American Equitable Life Insurance Company to Messagephone, Inc...

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