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NATIONWIDE LIFE INSURANCE COMPANY, v. HADDOCK

No. 10-4237-cv.

NATIONWIDE LIFE INSURANCE COMPANY, Defendant-Counter-Claimant-Appellant, NATIONWIDE FINANCIAL SERVICES INCORPORATED, Defendant-Counter-Claimant, v. LOU HADDOCK, TRUSTEE OF FLYTE TOOL & DIE, INC. DEFERRED COMPENSATION PLAN, PETER WIBERG, TRUSTEE OF CROWN TOOL & DIE COMPANY INCORPORATED SALARY DEFERRAL PROFIT SHARING, ALAN GOUSE, TRUSTEE OF GREATER HFD EASTER SEAL REHABILITATION CENTER, INCORPORATED, TAX SHELTERED ANNUITY PLAN & MONEY ACCUMULATION PENSION PLAN FOR THE EMPLOYEES OF HARTFORD EASTER REHABILITATION CENTER, INCORPORATED TRUST, CHRISTOPHER ANDERSON, TRUSTEE OF ANDERSON LAW FIRM, P.C. 401(K) PROFIT SHARING PLAN & TRUST, FORMERLY THE ANDERSON & FERDON, P.C. SECTION 401(K) PROFIT SHARING PLAN, H. GRADY CHANDLER, Plaintiffs-Counter-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

February 6, 2012.

Attorney(s) appearing for the Case

Charles C. Platt , Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY (argued); Thomas F. Clauss, Jr. , Wiggin & Dana LLP, Stamford, CT, Daniel H. Squire , Paul R.Q. Wolfson , Daniel P. Kearney, Jr. , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC (on the brief). for Appellant.

Samuel Issacharoff , New York, NY (argued); William Bloss , Antonio Ponvert III , Richard A. Bieder , Koskoff Koskoff & Bieder, P.C., Bridgeport, CT, Marc R. Stanley , Stanley Iola LLP, Dallas, TX, Roger L. Mandel , Lackey Hershman, L.L.P., Dallas, TX, Gregory G. Jones , The Law Offices of Gregory G. Jones, P.C., Southlake, Texas (on the brief). for Appellees.

Present: John M. Walker, Jr., Reena Raggi, Susan L. Carney, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of class certification entered on November 6, 2009, is VACATED and the case is REMANDED for further proceedings consistent with this order.

Appellant Nationwide Life Insurance Company ("Nationwide") appeals from the district court's November 6, 2009 order certifying under Federal Rule of Civil Procedure 23(b)(2) a plaintiff class of trustees of qualified employee...

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