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MONUMENTAL LIFE INS. CO. v. HAYES-JENKINS

No. 03-40930.

403 F.3d 304 (2005)

MONUMENTAL LIFE INSURANCE CO., Plaintiff-Counter Defendant-Appellee, v. Sondra HAYES-JENKINS, Defendant-Counter Claimant-Third Party Plaintiff-Appellant, Alvin B. Jenkins, Jr., Estate of, Defendant-Counter Claimant-Appellant, v. NovaStar Mortgage, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 9, 2005.

Attorney(s) appearing for the Case

Bernie E. Hauder (argued), Adkerson & Hauder, Dallas, TX, for Monumental Life Ins. Co.

Alan L. Busch (argued), Bretton C. Gerard, Jill Gay VanderPloeg, Gerard, Singer & Levick, Addison, TX, for Hayes-Jenkins.

Howard F. Carter, Charles William Gameros, Jr. (argued), Hoge, Carter, Holmes & Gameros, Dallas, TX, for NovaStar Mortgage.

Before JONES, WIENER, and PRADO, Circuit Judges.

WIENER, Circuit Judge:

Appellant Sondra Hayes-Jenkins ("Sondra") appeals the district court's grant of summary judgment in favor of appellees Monumental Life Insurance Company ("MLIC") and NovaStar Mortgage ("NovaStar"). In MLIC's declaratory judgment action, the court held that Sondra was not entitled to benefits under MLIC's policy of mortgage life insurance and dismissed with prejudice her Texas state law claims for breach of contract and negligence and for violations...

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