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METROPOLITAN LIFE INS. CO. v. ATKINS

No. 99-50821.

225 F.3d 510 (2000)

METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. LaVena ATKINS; et al., Defendants. LaVena Atkins; Christina LaVena Atkins, A Minor, Defendants-Third Party Plaintiffs-Appellants, v. United States of America, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 2, 2000.

Attorney(s) appearing for the Case

Walter L. Boyaki (argued), Miranda & Boyaki, El Paso, TX, for Defendants-Appellants.

Kurt A. Didier (argued), Corpus Christi, TX, Clayton R. Diedrichs, El Paso, TX, for United States.

Before WIENER, BENAVIDES and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Third-Party Plaintiffs LaVena Atkins and Christina LaVena Atkins appeal the dismissal of their claim for negligence filed against Third-Party Defendant United States of America. We reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Harold Lynn Tyler, a federal employee, died on June 14, 1997. At the time of his death, Tyler was insured by a Federal Employees Group Life Insurance ("FEGLI") policy...

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