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MINNESOTA MUT. LIFE INS. CO. v. ENSLEY

No. 97-55560.

174 F.3d 977 (1999)

MINNESOTA MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. Donald Joe ENSLEY, Defendant-Counter-Claimant-Cross-Claimant-Appellant, v. Laura L. Ensley, Defendant-Cross-Defendant-Appellee, and Kevin Burke; Burke Group, Counter-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1999.

Attorney(s) appearing for the Case

Brad J. Husen, Corona, California, for defendant-counter-claimant-cross-claimant-appellant.

Gary J. Goodstein, Bannan, Green, Smith, Frank & Rimac, Los Angeles, California, for plaintiff-counter-defendant-appellee.

Frederick J. Seymour, Augustine & Seymour, Alhambra, California, for defendant-cross-defendant-appellee.

Christina Bull Arndt, James E. Fitzgerald, Luce, Forward, Hamilton & Scripps, Los Angeles, California, for counter-defendants-appellees.

Before: BEEZER, HALL and TASHIMA, Circuit Judges.

BEEZER, Circuit Judge:

Donald Ensley appeals judgment in interpleader and summary judgment in favor of Minnesota Mutual Life Insurance Company, Kevin Burke, The Burke Group and Laura Ensley. We have jurisdiction pursuant to 28 U.S.C. §§ 1291, 1391. We affirm in part, vacate in part and remand for further proceedings.

I

In 1987, Minnesota Mutual Life Insurance Company ("Minnesota Mutual"), through its agent Kevin Burke, issued a policy insuring...

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