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CUNNINGHAM v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 4:95CV417-B-B.

972 F.Supp. 1053 (1997)

Margie F. CUNNINGHAM, Fred D. Cunningham, and Billy Floore, Individually and on Behalf of Others Similarly Situated, Plaintiffs, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, N.D. Mississippi, Greenville Division.

August 29, 1997.

Attorney(s) appearing for the Case

Joel D. Pegram, Oxford, MS, Richard T. Phillips, Smith, Phillips, Mitchell, Scott & Rutherford, Batesville, MS, Melvyn I. Weiss, Barry A. Weprin, Milberg Weiss Bershad Hynes & Lerach LLP, New York City, Andrew S. Friedman, Bonnett Fairbourn Friedman & Balaint, PC, Phoenix, AZ, for plaintiffs.

John E. Hughes, Wells, Wells, Marble & Hurst, Jackson, MS, Vaughn C. Williams, Stanley A. Chinitz, Skadden, Arps, Slate, Meagher & Flom LLP, New York City, for defendant.

MEMORANDUM OPINION

BIGGERS, District Judge.

This cause comes before the court upon the defendant's motion to dismiss, in part, plaintiffs' amended complaint. The court has duly considered the parties' memoranda and exhibits and is ready to rule.

FACTS

On April 24, 1997, the plaintiffs amended their complaint to add Billy Floore as a named plaintiff (hereinafter, since Floore is the only...

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