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BROWN v. ROYAL MACCABEES LIFE INS. CO.

No. 96-8119.

137 F.3d 1236 (1998)

Francis D. BROWN; Michael A. Olsen; and Kirk D. Smith, Wyoming residents, suing on behalf of themselves and all other individuals similarly situated, Plaintiffs-Appellants, v. ROYAL MACCABEES LIFE INSURANCE COMPANY, a Michigan Corporation, and a member of Royal Insurance Group, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 3, 1998.

Attorney(s) appearing for the Case

Glenn E. Smith, Glenn E. Smith & Associates, Cheyenne, WY, for Plaintiffs-Appellants.

Keith R. Verges (Mark T. Davenport, Figari & Davenport, L.L.P., Dallas, TX; and William M. McKellar and Peter K. Michael, Boley & McKellar, P.C., Cheyenne, WY, with him on the briefs), Figari & Davenport, L.L.P., Dallas, TX, for Defendant-Appellee.

Before PORFILIO, McKAY, and LUCERO, Circuit Judges.

PORFILIO, Circuit Judge.

Francis Brown, Michael Olsen, and Kirk Smith, named plaintiffs in an uncertified class action,1 appeal a district court order granting summary judgment for defendant Royal Maccabees Life Insurance Company (Maccabees). This appeal requires us to answer the following question of state law:

Under Wyoming law, is an illustration used to sell a universal life insurance policy considered part of the insurance...

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