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STILLMAN v. TEACHERS INS. & ANNUITY ASS'N COLLEGE

No. 02-4020.

343 F.3d 1311 (2003)

Marilyn STILLMAN, an individual, and Nicolas Bryner Caravaglia, an individual, Plaintiffs-Counterclaim Defendants-Appellees, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION COLLEGE RETIREMENT EQUITIES FUND, a New York corporation, Defendant-Counterclaimant, v. Yaeko Bryner and Erin Jun Bryner, Counterclaim Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 11, 2003.

Attorney(s) appearing for the Case

Stephen K. Christiansen, of Van Cott, Bagley, Cornwall & McCarthy (Kenneth W. Yeates, with him on the briefs), Salt Lake City, UT, for Counterclaim Defendants-Appellants.

Alan L. Sullivan, of Snell & Wilmer L.L.P. (Todd Shaughnessy and Amy F. Sorenson, with him on the brief), Salt Lake City, UT, for Plaintiffs-Counterclaim Defendants-Appellees.

Before HARTZ and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge.

HARTZ, Circuit Judge.

This appeal requires us to consider competing claims to the proceeds of two annuity contracts issued by Teachers Insurance and Annuity Association and College Retirement Equities Fund (TIAA-CREF). The annuitant, Dale Bryner, died in 1999. Dale's ex-wife, Marilyn Stillman, asserted that she was entitled to the annuity benefits because she was the beneficiary designated in the contracts. Marilyn's claim conflicted with the claim of Erin Jun Bryner...

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