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MITCHELL v. GREAT-WEST LIFE ASSUR. CO.

No. CIV-90-196-T.

802 F.Supp. 401 (1991)

Gregory A. MITCHELL, Plaintiff, v. GREAT-WEST LIFE ASSURANCE COMPANY, and American Fidelity Assurance Co., Defendants.

United States District Court, W.D. Oklahoma.

July 11, 1991.

Attorney(s) appearing for the Case

Richard Morris, Robert L. Stormont, Oklahoma City, Okl., for plaintiff.

Donald J. Gutteridge, Jr., Kerr Irvine Rhodes & Ables, Oklahoma City, Okl., John R Woodard, III, Feldman Hall Franden Woodward & Farris, Tulsa, Okl., for defendants.

ORDER DENYING DEFENDANT AMERICAN FIDELITY ASSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT AND GRANTING PARTIAL SUMMARY JUDGMENT TO PLAINTIFF

RALPH G. THOMPSON, Chief Judge.

I. INTRODUCTION

At issue is defendant American Fidelity Assurance Company's ("American") motion for summary judgment. Plaintiff Gregory A. Mitchell responded in opposition, and submitted an added authority. American replied.

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