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FRANKLIN H. WILLIAMS INS. TRUST v. TRAVELERS INS.

No. 346, Docket 94-7361.

50 F.3d 144 (1995)

FRANKLIN H. WILLIAMS INSURANCE TRUST, By Its Trustees, Shirley B. Williams and Harry Delaney, on behalf of themselves and all other Beneficiaries of Travelers Insurance Company Group Term Life Insurance Policies Similarly Situated, Plaintiff-Appellant, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 17, 1995.

Attorney(s) appearing for the Case

Lester J. Tanner, New York City (Sharman T. Propp, Mitchell Lapidus, Tanner, Propp & Farber, of counsel), for plaintiff-appellant.

Richard R. Lutz, New York City (Joan B. Gross, Jason P. Isralowitz, Stephenie J. Lannigan, Townley & Updike, of counsel), for defendant-appellee.

G. Oliver Koppell, Atty. Gen. of the State of N.Y., New York City (Jane Lauer Barker, M. Patricia Smith, Asst. Attys. Gen. for the State of NY, of counsel), for amicus curiae State.

Before FEINBERG, MESKILL, and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

Plaintiff-appellant Franklin H. Williams Insurance Trust (the "Trust") appeals from a judgment entered March 31, 1994 in the United States District Court for the Southern District of New York, Louis L. Stanton, Judge, that denied the Trust's motion to remand to state court this removed action seeking interest on insurance proceeds, and dismissed the action without prejudice for failure to exhaust administrative remedies. Franklin...

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