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IN RE LIFEUSA HOLDING INC.

No. 00-1775.

242 F.3d 136 (2001)

In re LIFEUSA HOLDING INC., LifeUSA Holding, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed March 5, 2001.

Attorney(s) appearing for the Case

James F. Jorden, (Argued), Waldemar J. Pflepsen, Jr., Paul A. Fischer, Richard Karpinski, Stephen H. Goldberg, Jorden, Burt, Boros, Cicchetti, Berenson & Johnson LLP 1025 Thomas Jefferson Street, N.W. Suite 400 East Washington, D.C. 20007

William T. Hangley, Michael Lieberman, Hangley, Aronchick, Segal & Pudlin One Logan Square — 27th Floor Philadelphia, PA 19103, Attorneys for Appellant.

John M. Elliott, Thomas J. Elliott, Henry F. Siedzikowski, (Argued), Mark A. Kearney, Timothy T. Myers, Brian J. McCormick, Elliott, Reihner, Siedzikowski & Egan, P.C., 925 Harvest Drive P.O. Box 3010 Blue Bell, PA 19422, Attorney for Appellees.

Evan M. Tager, Mayer, Brown & Platt 1909 K Street, N.W. Washington, D.C. 20006 Victoria E. Fimea, American Council of Life Insurers 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2599, Attorneys for Amicus-Appellant, American Council of Life Insurers.

Before: SCIRICA, FUENTES and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

LifeUSA appeals the January 13, 2000 order (filed January 19, 2000) of the District Court which certified a class of plaintiffs who had purchased LifeUSA "Accumulator" annuity policies between August 1, 1989 to the present. In its order certifying a class, the District Court focused entirely on the alleged pre-sale misrepresentations of LifeUSA agents in the marketing, advertising, and sales of the Accumulator...

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