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ALLMERICA FIN. LIFE INS. & ANNUITY v. LLEWELLYN

No. 96-36067.

139 F.3d 664 (1997)

ALLMERICA FINANCIAL LIFE INSURANCE AND ANNUITY COMPANY, a Delaware corporation, fka SMA Life Assurance Company, Plaintiff-Appellee, v. Jay Kent LLEWELLYN, Defendant-Appellant, and SMA Life Assurance Company, a Delaware corporation, Counter-Defendant.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1997.

Ordered Published March 17, 1998.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, Oregon, for defendant-appellant.

R. Daniel Lindahl, John A. Bennett, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, Oregon, for plaintiff-appellee and Chrys Anne Martin, Portland, Oregon, for counter-defendant.

Before: NOONAN and HAWKINS, Circuit Judges, and MERHIGE, District Judge.

ORDER

The memorandum disposition filed December 4, 1997 is redesignated an authored opinion by Judge Merhige.

OPINION

MERHIGE, Senior District Judge:

Jay Kent Llewellyn appeals both the district court's order granting Allmerica Financial Life Insurance and Annuity Company's Motion for Summary Judgment and the district court's post-judgment order denying his Motion for Relief from Judgment and for Leave to File Second Amended Answer. We...

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