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04-30672•Summary Calendar KATHERINE TONNAS v. Stonebridge Life Insurance Company, formerly known as J.C. Penney Life Insurance Company
04-30672Court of Appeals for the Fifth CircuitDec 30, 2004
* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 30, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-30672
Summary Calendar
_____________________
KATHERINE TONNAS,
Plaintiff-Appellant,
v.
STONEBRIDGE LIFE INSURANCE COMPANY,
formerly known as J.C. Penney Life
Insurance Company,
Defendant —— Third-Party Plaintiff —— Appellee,
v.
KYM ADAMS WRIGHT; CHERYL ANN ADAMS;
SHEILA ADAMS SANDERS; GASKIN-SOUTHALL &
ASSOCIATES, INC.,
Third-Party Defendants —— Appellees
---------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
(02-CV-2453-L)
---------------------
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
We have reviewed the summary judgment record in this lawsuit
and have studied the appellate briefs of the parties as well. As
to plaintiff-appellant Katherine Tonnas’s first argument —— that
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1 In re Fairchild Aircraft Corp., 6 F.3d 1119, 1128 (5th
Cir. 1993) (“In short, the argument must be raised to such a
degree that the trial court may rule on it . . . . The argument
here was not even identified by name, much less advocated.”).
the evidence that she submitted to the district court creates a
genuine issue of material fact as to the life insurance policy’s
beneficiary —— we are satisfied that the district court’s grant of
summary judgement, grounded in the reasons patiently, fully, and
correctly set forth in its order dated May 20, 2004, should be
affirmed.
As to Tonnas’s second argument concerning the district court’s
disbursement of the policy proceeds, she has waived it. She
challenges the disbursement for the first time on this appeal.
Those issues not raised before the district court are waived on
appeal.1
AFFIRMED.
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