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GUARDIAN LIFE INS. CO. OF AMERICA v. FINCH

No. 04-10212.

395 F.3d 238 (2004)

The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Plaintiff, v. Kimberlye FINCH, Defendant-Appellant, v. Eddie Lee Galaway, Administrator, on behalf of Estate of Bradford Wayne Galaway, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 22, 2004.

Attorney(s) appearing for the Case

Cameron Davis Gray (argued), Law Offices of Cameron D. Gray, Dallas, TX, for Defendant-Appellant.

David C. Turner, Jr. (argued), Law Office of David C. Turner, Jr., Bonham, TX, for Defendant-Appellee.

E. Stratton Horres, Jr., Rebecca Michelle Alcantar, Deanna Lynn Stuemke, Wilson, Elser, Moskowitz, Edelman & Dicker, Dallas, TX, for Guardian Life Ins. Co of America, Amicus Curiae.

Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges.

KING, Chief Judge:

The Guardian Life Insurance Company of America filed this interpleader action in order to determine who should receive the proceeds of a life insurance plan governed by ERISA. Eddie Lee Galaway, the administrator of the decedent's estate, claimed that the estate should receive the proceeds because Kimberlye Finch, the named beneficiary and the decedent's ex-wife, waived her rights to them when she and the decedent divorced. By order of the district...

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