MANNING v. HAYES

No. 99-20537.

212 F.3d 866 (2000)

Sylvia MANNING, Executor of the Estate of Houghton H. West, Plaintiff-Appellant, v. Audrey Allison HAYES, et al., Defendants, Audrey Allison Hayes, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 19, 2000.


Attorney(s) appearing for the Case

Daniel Vincent Sean McEvily, P. Andrew McStay, Porto, Truehart, McStay & Darcy, Houston, TX, for Plaintiff-Appellant.

Maurice Lee Bresenhan, Jr., Zukowski & Bresenhan, Houston, TX, for Defendant-Appellee.

Before EMILIO M. GARZA, DeMOSS and STEWART, Circuit Judges.


DeMOSS, Circuit Judge:

In this insurance dispute, the estate of a deceased ERISA plan participant and the decedent's ex-wife are battling over the proceeds to an ERISA plan providing life insurance benefits. The district court granted summary judgment in favor of Defendant-Appellee Audrey Allison Hayes, who is both the decedent's ex-wife and the named beneficiary under the policy. Plaintiff-Appellant Sylvia Manning, in her capacity as executor of the estate of Houghton...

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