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ADAMS v. JOHN HANCOCK MUT. LIFE INS. CO.

Civ. No. A-91-CA-433.

797 F.Supp. 563 (1992)

Penny Sue ADAMS, Guardian for Adam Gaylard Bettis, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, et al.

United States District Court, W.D. Texas, Austin Division.

July 31, 1992.

Attorney(s) appearing for the Case

Michael D. Thompson, Michael D. Thompson, P.C., Thomas C. Moody, Thompson & Moody, Austin, Tex., for plaintiff.

John T. Anderson, R. James George, Jr., Graves, Dougherty, Hearon & Moody, Austin, Tex., for defendants.

George B. Slade, Clark, Thomas, Winters & Newton, Austin, Tex., for Conrad P. Werkenthin, independent executor of the Estate of Dale G. Bettis.

ORDER

NOWLIN, District Judge.

Before the Court is Defendants' Motion for Summary Judgment, filed on January 31, 1992. The Defendants request summary judgment based upon the affirmative defense of misrepresentations by the deceased, Dale Bettis, in his initial application for coverage. On July 29, 1992, this Court held a hearing on this matter. Having reviewed and considered this motion, the responses, the further pleading, and the oral argument of counsel...

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