IN RE PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 00-1389.

261 F.3d 355 (2001)

In re: Prudential Insurance Company of America Sales Practice Litigation. Marvin Lowe and Alice Lowe, Appellants.

United States Court of Appeals, Third Circuit.

Amended per Clerk Order dated May 22, 2000.

Filed August 2, 2001.


Attorney(s) appearing for the Case

ROBERT B. MILLER, ESQ. (Argued), TERI L. DI GIULIAN, ESQ., Bedzow, Korn, Brown, Miller & Zemel, P.A., P.O. Box 8020, Hallandale Beach, Florida 33008-8020, Attorneys for Appellants, Marvin and Alice Lowe.

REID L. ASHINOFF, ESQ. (Argued), MICHAEL H. BARR, ESQ., LORIE A. CHAITEN, ESQ., DEBORAH H. RENNER, ESQ., Sonnenschein Nath & Rosenthal 1221 Avenue of the Americas, New York, New York 10020; ALAN E. KRAUS, ESQ., Riker, Danzig, Scherer, Hyland & Perretti, LLP, Headquarters Plaza, One Speedwell Avenue, Morristown, New Jersey 07960, Attorneys for Appellee, The Prudential Insurance Company of America.

BEFORE: McKEE, Circuit Judge, ROSENN and CUDAHY, Senior Circuit Judges.


OPINION OF THE COURT

McKEE, Circuit Judge.

This appeal arises in the wake of the settlement of a nationwide class action against The Prudential Insurance Company of America. Two policyholders who were members of the class appeal the district court's order enjoining them from prosecuting suits they filed in state court in Florida based upon policies that were eligible for inclusion in the nationwide class, but which the plaintiffs excluded from the terms...

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