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DAMEWARE DEVELOPMENT v. AMERICAN GENERAL LIFE INS.

No. 11-20218.

688 F.3d 203 (2012)

DAMEWARE DEVELOPMENT, L.L.C.; Dameware Development L.L.C. Defined Benefit Pension Plan and Trust, Plaintiffs-Appellants, v. AMERICAN GENERAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 2012.

Attorney(s) appearing for the Case

Joseph F. Bishop, Jr. (argued), Servando C. Garcia, III , Garcia & Bishop, Covington, LA, for Plaintiffs-Appellants.

David T. McDowell (argued), Edison, McDowell & Hetherington, L.L.P., Houston, TX, Amy Beth Boyea , Edison, McDowell & Hetherington, L.L.P., Arlington, TX, for Defendant-Appellee.

Before STEWART, ELROD and SOUTHWICK, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Dameware Development, LLC Defined Benefit Pension Plan and Trust ("Dameware" or the "Plan")1 bought several life insurance policies (the "policies") from American General Life Insurance Company ("American General"). After Dameware was unable to obtain the tax benefits it hoped would result from purchasing the policies, it sued American General for damages and for...

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