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BUSSIAN v. RJR NABISCO, INC.

No. 98-20867.

223 F.3d 286 (2000)

Robert A. BUSSIAN; James J. Keating, Plaintiffs-Appellants, v. RJR NABISCO, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 2000.

Attorney(s) appearing for the Case

Randall W. Wilson, Erica W. Harris (argued), Susman Godfrey, Houston, TX, for Plaintiffs-Appellants.

Willis J. Goldsmith (argued), Jones, Day, Reavis & Pogue, Washington, DC, Gerald L. Bracht, Mayor, Day, Caldwell & Keeton, Houston, TX, for Defendant-Appellee.

Stacey E. Elias, U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Secretary of Labor, Amicus Curiae.

Carol Connor Flowe, Marc Alan Tenebaum, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, for Association of Private Pension and Welfare Plans and Chamber of Commerce of the U.S. (Chamber), Amicus Curiae.

Before KING, Chief Judge, and REYNALDO G. GARZA and EMILIO M. GARZA, Circuit Judges.

KING, Chief Judge:

Plaintiffs-Appellants Robert A. Bussian and James J. Keating appeal from the district court's grant of summary judgment to Defendant-Appellee RJR Nabisco, Inc. and its denial of class certification. We reverse in part, vacate in part, and remand for further consideration by the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case is yet another litigating who must bear the cost of the collapse of Executive Life Insurance...

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