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RELIANCE NAT. INS. CO. v. ESTATE OF TOMLINSON

No. 98-60486. Summary Calendar.

171 F.3d 1033 (1999)

RELIANCE NATIONAL INSURANCE COMPANY, a corporation, Plaintiff-Counter Defendant-Appellee, v. ESTATE OF Michael D. TOMLINSON, Deceased, et al., Defendants, Lelia Branning Tucker, the mother of April Tenille Branning on behalf of Lester Branning, father of April Tenille Branning and Scott Branning, brother of April Tenille Branning and heirs and wrongful death beneficiaries of April Tenille Branning; Lester Branning; Scott Branning; Michael D. Rives, Defendants-Counter Claimants-Appellants. Lelia Branning Tucker, the mother of April Tenille Branning on behalf of Lester Branning, father of April Tenille Branning and Scott Branning, brother of April Tenille Branning and heirs and wrongful death beneficiaries of April Tenille Branning; Michael D. Rives, Plaintiffs, v. Estate of Michael D. Tomlinson; et al., Defendants.

United States Court of Appeals, Fifth Circuit.

April 20, 1999.

Attorney(s) appearing for the Case

Janet D. McMurtray, Alan W. Perry, Forman, Perry, Watkins & Krutz, Jackson, MS, for Reliance Nat. Ins. Co.

Edward Arnold Williamson, Philadelphia, MS, for Tucker and Lester and Scott Branning.

Shane Fredrick Langston, Langston, Frazer, Sweet & Freese, Jackson, MS, for Rives.

Before POLITZ, WIENER and DENNIS, Circuit Judges.

POLITZ, Circuit Judge:

Michael Rives and the survivors of April Tenille Branning appeal an adverse summary judgment as relates to certain insurance coverage. For the reasons assigned, we affirm.

BACKGROUND

This litigation arises out of a plane crash that occurred after Michael Tomlinson had been drinking alcohol at a local tavern and invited some of the tavern's patrons for a late night airplane ride. From the tavern, Tomlinson and the others traveled...

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