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PHILLIPS v. AMERICAN INTERN. GROUP, INC.

No. 07 CIV. 802(JSR).

498 F.Supp.2d 690 (2007)

John PHILLIPS on behalf of himself and all others similarly situated, Plaintiffs, v. AMERICAN INTERNATIONAL GROUP, INC., and First SunAmerica Life Insurance Company, Defendants.

United States District Court, S.D. New York.

July 30, 2007.

Attorney(s) appearing for the Case

Marshall H. Fishman, Peggy J. Farber, Kramer Levin Naftalis & Frankel LLP, New York, Jeffrey Monroe Grantham (Pro Hac Vice), Edward Morris Holt (Pro Hac Vice), Maynard, Cooper & Gale, P.C., Birmingham, AL, for American International Group, Inc. and First Sunamerica Life Insurance Company.

Joe R. Whatley, Jr. (JW-1222), Deborah Clark-Weintraub (DW-6877), Ilze C. Thielmann (IT-8734), New York, W. Daniel Miles, III (Pro Hac Vice), Joseph H. Aughtman (Pro Hac Vice), Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery, AL, for Plaintiffs.

MEMORANDUM ORDER

RAKOFF, District Judge.

By motion dated April 3, 2007, defendants moved pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss all of plaintiff's claims. By Order dated May 30, 2007, the Court granted that motion. This Memorandum Order states the reasons for that ruling and directs the entry of final judgment.

The pertinent allegations of the Complaint, taken most favorably to plaintiff for purposes of this motion, are as follows:<...

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