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IN RE DURABILITY INC.

No. 99-5105.

212 F.3d 551 (2000)

In re DURABILITY INC., Debtor. Scott P. Kirtley, Appellant, v. Sovereign Life Insurance Company of California, Appellee.

United States Court of Appeals, Tenth Circuit.

May 8, 2000.

Attorney(s) appearing for the Case

Marc F. Conley of Marc F. Conley, P.C., and James R. Eagleton of Eagleton, Eagleton & Harrison, P.C., Tulsa, Oklahoma, for Plaintiff-Appellant.

Terry M. Thomas and Terry J. Tarwater of Crowe & Dunlevy, Tulsa, Oklahoma, for Defendant-Appellee.

Before TACHA, ANDERSON and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Scott Kirtley, successor trustee of the estate of Durability, Inc. (Trustee), appeals from the district court's affirmance of summary judgment granted in favor of Sovereign Life Insurance Company of California (Sovereign) by the bankruptcy court on the Trustee's claim that he was entitled to assume a $500,000 "key-man" life insurance policy on Fred I. Palmer, II (Palmer), Durability's former president...

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