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BARNHART v. NEW YORK LIFE INS. CO.

No. 96-36148.

141 F.3d 1310 (1998)

Thomas A. BARNHART, husband; Nancy J. Barnhart, wife, Plaintiffs-Appellants, v. NEW YORK LIFE INSURANCE COMPANY, a New York corporation; New York Insurance and Annuity Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1998.

Attorney(s) appearing for the Case

Robert L. Parlette, Davis, Arneil, Dorsey, Kight & Parlette, Wenatchee, Washington, for plaintiffs-appellants.

Elizabeth Bryson, New York City; C. William Bailey, Mills Meyers Swartling, Seattle, Washington, for defendants-appellees.

Rita M. Theisen, LeBoeuf, Lamb, Green & MacRae, L.L.P., Washington, DC; for Amicus Curiae American Council of Life Insurance.

Before: SCHROEDER, ALARCON and HAWKINS, Circuit Judges.

ALARCON, Circuit Judge:

Plaintiffs, Thomas A. Barnhart ("Barnhart") and Nancy J. Barnhart, appeal from the grant of summary judgment in favor of defendant, New York Life Insurance Company ("New York Life"), and the dismissal of this action. Barnhart acted as an insurance agent for New York Life until New York Life terminated Barnhart's contract. Barnhart claims that New York Life 1) violated Barnhart's rights under the Employment...

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