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EMPIRE GENERAL LIFE ASSURANCE CORP. v. ZARATE-SWAIN

No. 04 CV 2061.

430 F.Supp.2d 586 (2006)

EMPIRE GENERAL LIFE ASSURANCE CORPORATION v. Robin ZARATE-SWAIN, Individually, and as Administratrix of the Estate of Earl Swain, Jr., Linda S. Hoffpauir, and Melissa S. Chism

United States District Court, W.D. Louisiana.

April 20, 2006.

Attorney(s) appearing for the Case

Patrick Jody Lavergne, Russell J. Stutes, Jr., Stutes Fontenot et al., Lake Charles, LA, for Empire General Life Assurance Corporation.

Claude Pierson Devall, Michael K. Cox, Cox Cox et al., Jere Jay Bice, Bice Palermo & Veron, Lake Charles, LA, for Robin Zarate-Swain.

MEMORANDUM RULING

MINALDI, District Judge.

Before the court is a motion for summary judgment [doc. 31] filed by plaintiff, Empire General Life Assurance Corporation ("Empire"). At issue in this suit is the entitlement to insurance proceeds of a policy on the life of Earl Swain, Sr. ("Swain Sr.") who died in a boating accident, along with his son Earl Swain, Jr. ("Swain Jr.") and his grandson Drake Hoffpauir.

Background

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