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IN RE MUTUAL LIFE INS. OF NEW YORK PREMIUM LITIG.

No. CIV.A. 96-10411-EFH.

295 F.Supp.2d 140 (2003)

In re MUTUAL LIFE INSURANCE COMPANY OF NEW YORK PREMIUM LITIGATION. William J. McLean, Naomi Driscoll and Roger K. Brown and Thomas C. Brown, Trustees of the Richard L. Brown Irrevocable Trust No. 2, DTD 3/17/90, individually and on behalf of all others similarly situated, Plaintiffs, v. Mutual Life Insurance Co. of New York f/k/a Mutual Life Insurance Company of New York, Defendant.

United States District Court, D. Massachusetts.

November 17, 2003.

Attorney(s) appearing for the Case

Barry A. Weprin, Milberg, Weiss, Bershad Specthrie & Lerach, New York City, Kenneth G. Gilman, Peter A. Lagorio, Gilman and Pastor, LLP, Saugus, MA, Richard T. Phillips, Smith, Phillips, Mitchell, Scott & Rutherford, Batesville, MS, for William J. McLean, Individually and on behalf of all others Similarly Situated, Plaintiff.

Daniel J. Gleason, John A. Sten, Boston, MA, Nutter, McClennen & Fish, LLP, Glenn E. Deegan, Holland & Knight, LLP, for Mutual Life Insurance CO of New York, Defendant.

MEMORANDUM AND ORDER

HARRINGTON, Senior District Judge.

The plaintiffs in this case are two Massachusetts residents, William McLean ("McLean") and Naomi Driscoll ("Driscoll"), and two Illinois residents, Roger Brown and Thomas Brown, who are acting in their capacity as trustees for the Richard L. Brown Irrevocable Trust Number 2 ("the Browns"). The plaintiffs' complaint alleges that the defendant, MONY Life Insurance Company ("MONY"), used false and...

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