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MAYO v. HARTFORD LIFE INS. CO.

No. 02-21059.

354 F.3d 400 (2004)

Scott MAYO; et al., Plaintiffs, Douglas Sims, by Deborah Sims, the independent executrix, Plaintiff-Appellee, v. HARTFORD LIFE INSURANCE COMPANY; et al., Defendants, Wal-Mart Stores, Inc.; Wal-Mart Stores Incorporated Corporation Grantor Trust; Wachovia Bank of Georgia, N.A., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 5, 2004.

Attorney(s) appearing for the Case

Scott M. Clearman (argued), Robert Espey, Michael Dane Myers, McClanahan & Clearman, Houston, TX, for Plaintiff-Appellee.

Lynne Liberato (argued), Alene Ross Levy, Haynes & Boone, Houston, TX, William Alan Wright, Benjamin Lee Mesches, Haynes & Boone, Dallas, TX, Leslie Ross Higman, Wal-Mart Stores Inc., Bentonville, AR, for Defendants-Appellants.

Gerald Z. Goldman (argued), John B. Magee, MeKee Nelson, Washington, DC, Michael Sammie Goldberg, William Karl Mata Kroger, Amy Douthitt Maddux, Baker Botts, Houston, TX, for Dow Chemical Co., Amicus Curiae.

Before JOLLY, SMITH and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Wal-Mart Stores, Inc. ("Wal-Mart") took out life insurance on its employees and made itself the beneficiary. This interlocutory appeal arises from a grant of partial summary judgment involving a dispute over death benefits from one of these company-owned life insurance ("COLI") policies. Douglas Sims' estate sued Wal-Mart on the ground that the COLI policy taken out in Sims' name violated the Texas insurable interest doctrine. We hold...

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