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BELANGER v. SALVATION ARMY

No. 08-10330.

556 F.3d 1153 (2009)

Richard Jason BELANGER, as Personal Representative of the Estate of Richard Jose Belanger, Deceased, Plaintiff-Appellant, v. THE SALVATION ARMY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 2, 2009.

Attorney(s) appearing for the Case

John M. Cooney, Arnstein & Lehr, LLP, Ft. Lauderdale, FL, for Belanger.

Allan P. Whitehead, Frese, Nash & Hansen, P.A., Melbourne, FL, for The Salvation Army.

Before EDMONDSON, Chief Judge, ANDERSON, Circuit Judge, and COHILL, District Judge.

COHILL, District Judge:

Richard Jason Belanger, as son and personal representative of the Estate of Richard Jose Belanger, deceased, brought this diversity action against The Salvation Army to recover funds which The Salvation Army had obtained from a pay-on-death bank account established in the name of "Richard J. Belanger, In Trust For The Salvation Army." The Estate argues that The Salvation Army, a corporation, cannot be considered a "surviving beneficiary" under...

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