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BEAVERS v. METROPOLITAN LIFE INS. CO.

No. 08-40076.

566 F.3d 436 (2009)

Paul BEAVERS; Emilio Delao, Jr.; David William Darden; Hortencia Flores; Norma Linda Huerta; John Kivich, Jr.; Robert Merchant, Plaintiffs-Appellants, v. METROPOLITAN LIFE INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 22, 2009.

Attorney(s) appearing for the Case

Christopher K. Johns (argued), Buzbee Law Firm, Houston, TX, Jared B. Stamell, Stamell & Schager, LLP, New York, NY, for Plaintiffs-Appellants.

Charles W. Schwartz, Celso M. Gonzalez-Falla, Skadden, Arps, Slate, Meagher & Flom, Houston, TX, Christopher Dominick Cox, Jeffrey Stuart Lichtman (argued), Skadden, Arps, Slate, Meagher & Flom, New York, NY, for Defendant-Appellee.

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

EDITH H. JONES, Chief Judge:

For many years, the appellants have owned life insurance policies that were intended also to serve as investment vehicles and provide regular dividends. In 2007, they sued as a putative class alleging that during the 1980s, Metropolitan Life Insurance ("MetLife") breached their investment contracts and deprived them of dividend income to which they were entitled. They now appeal the district court's dismissal of their complaint as barred...

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