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TILLMAN EX REL. ESTATE v. CAMELOT MUSIC

No. 03-5172.

408 F.3d 1300 (2005)

Betina L. TILLMAN, Personal Representative of the ESTATE OF Filipe M. TILLMAN, Deceased, Plaintiff-Appellant, v. CAMELOT MUSIC, INC., Defendant-Appellee, Wal-Mart Stores, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 11, 2005.

Attorney(s) appearing for the Case

Michael D. Myers of McClanahan & Clearman, L.L.P., Houston, TX (Scott M. Clearman and Robert H. Espey, II, of McClanahan & Clearman, L.L.P; James C. Hodges and Shanann P. Passley of Eller & Detrich, Tulsa, OK, with him on the briefs), for Plaintiff-Appellant.

Myron Kirschbaum of Kaye Scholer LLP, New York, N.Y. (Howard Kleinhendler of Kaye Scholer LLP; Richard M. Eldridge and Thomas E. Steichen of Eldridge, Cooper, Steichen & Leach P.L.L.C., Tulsa, OK, with him on the brief), for Defendant-Appellee.

David L. Bryant, Craig A. Fitzgerald, and Janna Dunagan Hall of the Bryant Law Firm PLLC, Tulsa, OK, on the brief for Amicus Curiae Wal-Mart Stores, Inc.

Before EBEL, McKAY, and O'BRIEN, Circuit Judges.

McKAY, Circuit Judge.

Defendant Camelot, in an effort to take advantage of a provision in the Internal Revenue Code, purchased life insurance on all of its full-time employees, including Mr. Tillman. When Mr. Tillman subsequently died, Camelot received approximately $340,000 in life insurance proceeds. Upon learning of the life insurance policy and its subsequent pay out, Plaintiff, the personal representative of Mr. Tillman's estate, brought suit pursuant to Oklahoma...

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