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BURNS v. MASSACHUSETTS MUT. LIFE INS. CO.

Civ. No. 84-857-B.

653 F.Supp. 77 (1986)

William R. BURNS, on behalf of himself and as representative of the class herein defined, Plaintiff, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. Iowa, C.D.

April 18, 1986.

Attorney(s) appearing for the Case

Doyle D. Sanders, Peddicord and Wharton, Des Moines, Iowa, for plaintiff.

W. Don Brittin, Jr., Nyemaster, Goode, McLaughlin, Emery & O'Brien, P.C., Des Moines, Iowa, Vaughn C. Williams, New York City, for defendant.

ORDER OF DISMISSAL

VIETOR, Chief Judge.

The court has before it in this diversity action defendant's motion to dismiss for lack of subject matter jurisdiction. Oral argument was heard March 13, 1986, and the motion is now submitted.

Plaintiff's complaint arises out of defendant life insurance company's update program. Under the program a life insurance policyholder may agree to the substitution of an adjustable loan interest rate for the existing...

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