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CARROLL v. METROPOLITAN INS. AND ANNUITY CO.

No. 97-60846.

166 F.3d 802 (1999)

Rachel B. CARROLL; Cynthia B. Fasano, Plaintiffs-Counter Defendants-Appellants, v. METROPOLITAN INSURANCE AND ANNUITY CO., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 15, 1999.

Attorney(s) appearing for the Case

Michael J. Malouf, Michael James Malouf, Jr., Malouf & Malouf, Jackson, MS, for Carroll and Fasano.

Alvin Pasternak, Metropolitan Life Ins., Anthony J. Tomari, New York City, for Metropolitan Ins. and Annuity Co.

Before DAVIS, SMITH and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiffs-Counter Defendants-Appellants, Rachel B. Carroll and Cynthia B. Fasano ("Beneficiaries"), appeal the district court's grant of summary judgment in favor of Defendant-Counter Claimant-Appellee, Metropolitan Insurance and Annuity Co. ("MIAC"). The court denied the Beneficiaries' claims under a $500,000 life insurance policy, reasoning that the insured, Ray T. Bracken, had made material misrepresentations...

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