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PETERSEN v. NEW YORK LIFE INS. CO.

No. 98-CV-71447-DT.

94 F.Supp.2d 828 (2000)

Paul T. PETERSEN, Plaintiff, v. NEW YORK LIFE INSURANCE COMPANY, Defendant.

United States District Court, E.D. Michigan, Southern Division.

March 31, 2000.

Attorney(s) appearing for the Case

Francis C. Flood, Charles J. Gerlach, James C. Steffl, Steffl & Flood, Troy, MI, for plaintiff.

Neill T. Peters, Michael J. Nolan, Nolan, Kohl, Harris, Metamora, MI, for defendant.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This matter is before the Court on the parties' cross-motions for summary judgment. Responses were filed and a hearing held on the matter.

I. FACTS

The facts in this case are not in dispute. In a class action lawsuit entitled Willson v. New York Life Insurance Co. and New York Life Insurance and Annuity Corp., Index No. 94/127804 (Sup.Ct.NY.Co.) ("Willson"), the...

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