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JONES v. NEW YORK LIFE & ANNUITY CORP.

Nos. 91-4184, 91-4202.

985 F.2d 503 (1993)

Rhea Dawn JONES, Plaintiff-Counter-Defendant-Appellee/Cross-Appellant, v. NEW YORK LIFE & ANNUITY CORPORATION, a Delaware corporation, Defendant-Counter-Claimant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

February 10, 1993.

Attorney(s) appearing for the Case

Anthony M. Thurber, Salt Lake City, UT, for plaintiff-appellee.

Casey K. McGarvey, Salt Lake City, UT (and R. Stephen Marshall of Van Cott, Bagley, Cornwall & McCarthy, with him on the brief) for defendant-appellant.

Before TACHA, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and O'CONNOR, District Judge.

McWILLIAMS, Senior Circuit Judge.

Rhea Dawn Jones, widow of Kelly Jones, brought suit in the United States District Court for the District of Utah against New York Life & Annuity Corporation (New York Life), a Delaware corporation, as beneficiary under a policy of life insurance in the face amount of $100,000 issued to Kelly Jones by New York Life. Jurisdiction was based on diversity of citizenship. 28 U.S.C. § 1332(a)(1).

In her complaint, plaintiff...

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