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KORTEBEIN v. AMERICAN MUT. LIFE INS. CO.

No. 03-00-00591-CV.

49 S.W.3d 79 (2001)

Stuart KORTEBEIN, Atimo Candel, Ronald Peters, Thaddeus Pierce, Melvyn Romanoff, Fedor Bachman, William Baitinger, Charles Rhodes, Robert Babbin, Burton Eisenberg, Jeannette Page, David Rozen, Richard Hirschtritt, John Hoff, Martin Blumburt, et al., Appellants, v. AMERICAN MUTUAL LIFE INSURANCE COMPANY, now known as AmerUs Life Insurance Company, Appellee.

Court of Appeals of Texas, Austin.

May 10, 2001.

Attorney(s) appearing for the Case

Tim Labadie, Austin, for appellant.

Douglas D. Dodds, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for appellee.

Before Justices KIDD, B.A. SMITH and PURYEAR.

BEA ANN SMITH, Justice.

Stuart Kortebein and forty-four other Illinois residents1 were among more than 130,000 plaintiffs in a nationwide class-action suit filed in Texas against American Mutual Life Insurance Company, now known as AmerUs Life Insurance Company (AmerUs), which resulted in a court-approved settlement. Kortebein did not opt out of the class action and participated in the settlement...

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