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EARTHLY v. UNITED OF OMAHA LIFE INS. CO.

No. 2004-104.

878 So.2d 746 (2004)

Stanley J. EARTHLY v. UNITED OF OMAHA LIFE INS. CO.

Court of Appeal of Louisiana, Third Circuit.

June 2, 2004.

Attorney(s) appearing for the Case

Michael L. Glass, Alexandria, LA, for Plaintiff/Appellee, Stanley J. Earthly.

Wilbert J. Saucier, Jr., Pineville, LA, for Plaintiff/Appellee, Stanley J. Earthly.

Thomas E. Loehn, New Orleans, LA, for Defendant/Appellant, United of Omaha Life Ins. Co.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

In this case, the defendant, United of Omaha Life Insurance Company, appeals the summary judgment in favor of the plaintiff, Stanley J. Earthly, awarding him the proceeds of an annuity. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 24, 1996, United issued a single premium deferred annuity to John Earthly, Sr., and his wife, Jessie Mae Earthly. Their two children were listed as beneficiaries, with...

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