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LINCOLN NAT. LIFE v. GORDON R.A. FISHMAN TRUST

No. EDCV-07-1338-SGL (OPx).

638 F.Supp.2d 1170 (2009)

The LINCOLN NATIONAL LIFE INSURANCE COMPANY, Plaintiff, v. The GORDON R.A. FISHMAN IRREVOCABLE LIFE TRUST; Harvey Schwitzer, as Trustee of the Gordon R.A. Fishman Irrevocable Life Trust; Gordon R.A. Fishman; Hannareta Fishman; Mutual Credit Corporation; and Spurling Group II, LLC, Defendants.

United States District Court, C.D. California.

July 10, 2009.

Attorney(s) appearing for the Case

Stephen Baker and Jason Gosselin, Drinker Biddle & Reath LLP, Philadelphia, PA, William Hanssen, Suzanne V. Stouder, James Bainbridge, Drinker Biddie & Reath, Los Angeles, CA, for Plaintiff, Lincoln National Life Insurance Company.

Peter Bicks, Orrick Herrington & Sutcliffe LLP, New York, NY, Khai LeQuang, William Molinski, Christopher Chaudoir, Melanie Phillips, Orrick Herrington & Sutcliffe, Los Angeles, CA, for Defendants, Mutual Credit Corporation and Spurling Group II, LLC.

ORDER DENYING PLAINTIFF'S MOTION TO DISMISS AND GRANTING DEFENDANT MUTUAL CREDIT CORPORATION'S AND SPURLING GROUP II, LLC'S MOTION FOR SUMMARY JUDGMENT

STEPHEN G. LARSON, District Judge.

Plaintiff The Lincoln National Life Insurance Company ("Lincoln") has brought this case, arguing that its issuance of three $10 million insurance policies on the life of Dr. Gordon R.A. Fishman was unlawfully procured by the increasing prevalent practice of unrelated third...

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