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FABER v. METROPOLITAN LIFE INS. CO.

Docket No. 09-4901-cv.

648 F.3d 98 (2011)

Carol D. FABER and the Estate of Russell E. Young, by its Administrator, Tonia M. Ray, Individually and on behalf of a class of all others similarly situated, Plaintiffs-Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 5, 2011.

Attorney(s) appearing for the Case

John C. Bell, Jr. ( Leroy W. Brigham , on the brief), Bell & Brigham, Augusta, GA, for Plaintiffs-Appellants.

Michael H. Bernstein ( John T. Seybert , of counsel), Sedgwick, Detert, Moran & Arnold, LLP, New York, NY, for Defendant-Appellee.

M. Patricia Smith , Solicitor of Labor, Timothy D. Hauser , Associate Solicitor, Nathaniel I. Spiller , Counsel for Appellate Litigation, Thomas Tso , Attorney, for Amicus Curiae U.S. Department of Labor.

Before: FEINBERG, B.D. PARKER, and WESLEY, Circuit Judges.

B.D. PARKER, JR., Circuit Judge:

Plaintiffs-Appellants Carol D. Faber and the Estate of Russell E. Young (the "Estate") appeal from a judgment of the United States District Court for the Southern District of New York (Baer, J.) dismissing their class-action complaint, which asserts a single claim against Defendant-Appellee Metropolitan Life Insurance Company ("MetLife") under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001...

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