PHL Variable Insurance Company v. Fulbright McNeill

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-1322 ___________ PHL Variable Insurance Company * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Fulbright McNeill, Inc., * * Appellant. * ___________ Submitted: November 16, 2007 Filed: March 27, 2008 ___________ Before RILEY, TASHIMA,1 and SMITH, Circuit Judges. ___________ SMITH, Circuit Judge. Fulbright McNeill, Inc. (FMI) appeals the district court's2 grant of summary judgment in favor of PHL Variable Insurance Company ("PHL"). FMI was the beneficiary of a…