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BARNETT v. LIFE INS. INVESTORS CO. OF AMERICA

No. 02-1464-WEB.

293 F.Supp.2d 1220 (2003)

Barbara BARNETT, Plaintiff, v. LIFE INSURANCE INVESTORS COMPANY OF AMERICA, Defendant.

United States District Court, D. Kansas.

October 21, 2003.

Attorney(s) appearing for the Case

Burck Bailey, Fellers Snider Blankenship Bailey & Tippens-Oklahoma City, Oklahoma City, OK, Todd A. Nelson, Fellers Snider Blankenship Bailey & Tippens PC-Tulsa, Tulsa, OK, for Plaintiff.

Craig S. O'Dear, Lynn S. McCreary, Juliet A. Cox, Bryan Cave LLP-Kansas City, Kansas City, MO, Edward D. Greim, Bryan Cave LLP—NY, New York, NY, for Defendant.

MEMORANDUM AND ORDER

WESLEY E. BROWN, Senior District Judge.

Now before the Court in this diversity action are the parties' cross motions for summary judgment.

I. FACTS

For purposes of summary judgment, the Court finds that the following facts are uncontroverted. Plaintiff Barbara Barnett (Barbara) is the primary beneficiary of a life insurance policy (Policy) underwritten by Defendant...

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