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ERWIN v. NORTHWESTERN MUT. LIFE INS. CO.

No. IP 97-703 C B/S.

999 F.Supp. 1227 (1998)

Roger D. ERWIN, Plaintiff, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY and McHale, Cook & Welch, P.C., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

March 17, 1998.

Attorney(s) appearing for the Case

Kaye G. Burson, Rutledge & Rutledge, Memphis, TN, Steven A. Spence, Indianapolis, IN, for Plaintiff.

Mark W. Ford, Johnson Smith Pence Densborn Wright & Heath, Indianapolis, IN, Shawn E. Hanson, Pillsbury Madison & Sutro, San Francisco, CA, Michael R. Maine, Baker & Daniels, Indianapolis, IN, Michael A. Conley, Pillsbury Madison & Sutro, Washington, DC, for Defendant.

ENTRY GRANTING DEFENDANT NORTHWESTERN'S MOTION TO DISMISS

BARKER, Chief Judge.

Defendant Northwestern Mutual Life Insurance Company ("Northwestern") moves to dismiss Plaintiff's complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted. Northwestern asserts that (1) Count I of Plaintiff's complaint should be dismissed because it is preempted...

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