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  5. 238 F.Supp.2d 1373 (2002)
 

CARNAGHI v. PHOENIX AMERICAN LIFE INS. CO.

No. CIV.A.1:01-CV-1645-J.

238 F.Supp.2d 1373 (2002)

Richard CARNAGHI, Plaintiff, v. PHOENIX AMERICAN LIFE INSURANCE COMPANY, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

September 25, 2002.

Attorney(s) appearing for the Case

John Thomas Dufour, Van Pelt & Dufour, Carrollton, GA, for Plaintiff.

H. Sanders Carter, Jr., Kenton Jones Coppage, Carter & Ansley, John Thomas Sparks, Matthew Jude Jewell, Alfred L. Evans, III, Austin & Sparks, Atlanta, GA, for Defendant.

ORDER

FORRESTER, District Judge.

This matter is before the court on Plaintiff's motion for summary judgment [10-1]; Defendant's motion for summary judgment [12-1]; and Defendant's motion to exceed the page limit [13-1].

I. Background

A. Procedural History

Plaintiff, Richard Carnaghi, filed suit on May 9, 2001, in the Superior Court of Douglas County, against Defendant, Phoenix American Life Insurance Company,

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