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MOODY NAT. BANK v. GE LIFE AND ANNUITY ASSUR. CO.

No. 03-41237.

383 F.3d 249 (2004)

MOODY NATIONAL BANK OF GALVESTON, Plaintiff-Appellant, v. GE LIFE AND ANNUITY ASSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 2004.

Attorney(s) appearing for the Case

Andrew Jan Mytelka (argued), Steven Carl Windsor, Greer, Herz & Adams, Galveston, TX, for Plaintiff-Appellant.

Andrew C. Whitaker (argued), Figari, Davenport & Graves, Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff, Moody National Bank of Galveston (Moody), filed the instant suit against GE Life and Annuity Assurance Company (GE) seeking to recover the proceeds of a life insurance policy issued by GE to Moody's creditor, Schwartz, Inc. GE argues that Moody's appeal was not timely and seeks to dismiss this appeal for want of jurisdiction. Because Moody did not file a timely notice of appeal, we conclude that we do not have jurisdiction...

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