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WEAVER v. METROPOLITAN LIFE INS. CO.

No. 18-10517.

939 F.3d 618 (2019)

Diane WEAVER, formerly known as Diane Hickey, Plaintiff-Counter Defendant-Appellant v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Counter Claimant-Appellee, Unknown Payee, Defendant-Appellee, Metropolitan Tower Life Insurance Company, formerly known as Metropolitan Insurance and Annuity Company, Counter Claimant-Appellee, v. James M. Perry, Counter Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED September 20, 2019.

Attorney(s) appearing for the Case

Thomas M. Michel, Esq. , Attorney, Griffith, Jay & Michel, L.L.P., Fort Worth, TX, for Plaintiff-Counter Defendant-Appellant.

Andrew C. Whitaker, Esq. , Figari & Davenport, L.L.P., Dallas, TX, for Defendant-Counter Claimant-Appellee and Counter Claimant-Appellee.

Christopher Lyster , Puls Haney, P.L.L.C., Fort Worth, TX, for Counter Defendant-Appellee.

Before DAVIS, HIGGINSON, and WILLETT, Circuit Judges.

This contract-interpretation case under Texas law concerns Diane Weaver's then-husband Larry Hickey, who suffered a diving accident in 1989. The couple received a structured settlement from the premises owner and its insurers. The couple later divorced, and Larry passed away...

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