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SHUPAK v. NEW YORK LIFE INS. CO.

No. CV 89-88-BLG-JFB.

780 F.Supp. 1328 (1991)

Thomas SHUPAK, Wilma Shupak, and Steven Shupak, Plaintiffs, v. NEW YORK LIFE INSURANCE COMPANY, and New York Life Annuity Corporation, Defendants.

United States District Court, D. Montana, Billings Division.

March 5, 1991.

Attorney(s) appearing for the Case

Steve Reida, Landoe, Brown, Planalp & Kommers, Bozeman, Mont., for plaintiffs.

Peter F. Habein, Crowley Law Firm, Billings, Mont., for defendant.

MEMORANDUM OPINION AND ORDER

BATTIN, Senior District Judge.

Presently pending before the Court are (1) defendant New York Life Insurance Company's Motion for Summary Judgment; and (2) Plaintiffs' Motion to Compel. For the reasons stated below, the motions are granted and denied as follows.

I. Defendant's Motion for Summary Judgment

FACTS AND PROCEDURAL BACKGROUND

Plaintiffs filed this action asserting various claims arising out...

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