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HUNTER v. AMERICAN GENERAL LIFE AND ACC. INS. CO.

No. C/A 3:01-5000-22, No. MDL 1429.

375 F.Supp.2d 442 (2005)

Louise HUNTER; Gloria Hunter Carr; Jessie Hunter, Jr.; Arthur Hunter; Annie Griffin; Patricia Griffin Taylor; Joyce Griffin Barton; Tommy Griffin; Irene Davis; Terry Davis; Moses Davis; Melvin Davis; Edith Mack; Lorene Mack; and Alexander Mack, individually and as representatives of those similarly situated, Plaintiffs, v. AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY; and Independent Life and Accident Insurance Company, Defendants.

United States District Court, D. South Carolina, Columbia Division.

June 24, 2005.

Attorney(s) appearing for the Case

Don Barrett, Barrett Law Offices, Lexington, MS, Joseph Preston Strom, Jr., Strom Law Firm, Thomas E. McCutchen, McCutchen, Blanton, Rhodes and Johnson, Columbia, SC, for Plaintiffs.

Lee E. Bains, Jr., Jeffrey M. Grantham, Stephen C. Jackson, Michael D. Mulvaney, Maynard, Cooper & Gale, P.C., Birmingham, AL, William Coleman Hubbard, C. Mitchell Brown, Don Lawrence Kristnik III, Nelson, Mullins, Riley & Scarborough, Columbia, SC, for defendants.

ORDER AND OPINION GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

CURRIE, District Judge.

This order relates to the Third Consolidated Amended Class Action Complaint filed on January 5, 2005 (Pacer Doc. No. 123) (hereinafter "Complaint").1 The Complaint was filed in accordance with the Order entered on December 2, 2004 (hereinafter "December 2nd Order") (Pacer Doc. No. 122).

MOTION AT ISSUE

The motion...

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