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NORCIA v. EQUITABLE LIFE ASSURANCE SOCIETY OF U.S.

No. Civ.A. 980192PHXRGS.

80 F.Supp.2d 1047 (2000)

Lucian J. NORCIA, Plaintiff, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES; Paul Revere Life Insurance Company; and Provident Companies, Inc., Defendants.

United States District Court, D. Arizona.

January 19, 2000.

Attorney(s) appearing for the Case

Calvin C Thur, Thur & O'Sullivan PC, Scottsdale, AZ, for Lucian J Norcia, plaintiff.

Pamela B Petersen, Lewis & Roca LLP, Phoenix, AZ, Stephen M Bressler, Lewis & Roca LLP, Phoenix, AZ, for Equitable Life Assurance Society of the United States, Paul Revere Life Insurance Company, Provident Companies, Inc., defendants.

MEMORANDUM AND ORDER FOR CERTIFICATION

YOUNG, District Judge.1

I. INTRODUCTION

"The duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it, — and nothing else." Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harv.L.Rev. 457, 462 (1897). This "bad man" theory of contracts permeates American common...

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