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FRITH v. GUARDIAN LIFE INS. CO. OF AMERICA

No. Civ.A. H-96-4323.

9 F.Supp.2d 734 (1998)

Larry P. FRITH and Tena Frith, Plaintiffs, v. The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, S.D. Texas, Houston Division.

March 31, 1998.

Attorney(s) appearing for the Case

Robert Bruce Langston, Houston, TX, Harry Lee Godfrey, Susman Godfrey, Houston, TX, for Plaintiffs.

Jeffrey A. Davis, Thomas J. Forestier, Donald D. Jackson, L.L.P., McGinnis, Lochridge & Kilgore, Houston, TX, for Defendants.

ORDER

GILMORE, District Judge.

Pending before the Court is Defendant Guardian Life Insurance Company of America's ("Guardian's") Motion to Dismiss. (Instrument No. 31). Based on the parties' submissions and the applicable law, the Court finds that Guardian's motion should be GRANTED in part and DENIED in part.

I.

Plaintiffs Larry P. Frith and Tena Frith bring...

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