HUNTON v. GUARDIAN LIFE INS. CO. OF AMERICA

No. CIV.A.H-01-0647.

243 F.Supp.2d 686 (2002)

Richard O. HUNTON and Benny Pace, Trustee of the Richard O. Hunton Irrevocable Trust, Plaintiffs, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, S.D. Texas, Houston Division.

November 16, 2002.


Attorney(s) appearing for the Case

Kent Melvin Hanszen, Attorney at Law, R Scott Wolfrom, Attorney at Law, Houston, for Richard O Hunton, Richard O Hunton Irrevocable Trust Agreement, Benny Pace, Trustee of the Richard O Hunton Irrevocable Trust, plaintiffs.

Jeffrey A Davis, McGinnis Lochridge & Kilgore, Michael E Warrick, Hudgins Hudgins & Warrick, Houston, for the Guardian Life Insurance Company of America, Stephen L Friedman, defendants.


MEMORANDUM AND ORDER

ATLAS, District Judge.

Pending before the Court is Defendant the Guardian Life Insurance Company of America's Motion to Dismiss Plaintiffs' Second Amended Complaint [Doc. # 14] ("Defendant's Motion"). Plaintiffs responded and Defendant replied.1 Plaintiffs relied in their Response on substantial material outside of the pleadings. Accordingly, the Court exercised its discretion under Rule...

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