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RIVES v. FRANKLIN LIFE INS. CO.

No. 85-4778.

792 F.2d 1324 (1986)

Mary George RIVES, As Guardian for her Minor Children, Mary Donna Rives, Gennifer George Rives, As Trustee of the Testamentary Trust of Don Shurden Rives, Sr., Deceased, for the benefit of his minor children, Mary Donna Rives, Gennifer George Rives, and Don Shurden Rives, Jr., Plaintiff-Appellant, v. The FRANKLIN LIFE INSURANCE COMPANY and The Equitable Life Assurance Society of the United States, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 27, 1986.

Attorney(s) appearing for the Case

Herzfeld & Rubin, Martin S. Friedlander, David E. Wheeler, Los Angeles, Cal., for plaintiff-appellant.

Heidelberg, Southerland & McKenzie, D. Gary Sutherland, Joseph A. O'Connell, Hattiesburg, Miss., for defendants-appellees.

Before RUBIN, POLITZ, and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge.

The plaintiff Mary Rives appeals from an order of the federal district court staying proceedings pending appointment of a successor trustee by a Mississippi chancery court. Finding Rives' contentions on appeal compelling, we vacate the order of the district court and remand the case for further proceedings.

I.

Prior to his death in 1981, Don Rives acquired two $600,000 life insurance...

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