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DUDLEY SUPERMARKET v. TRANSAMERICA LIFE INS.

No. 02-1247.

302 F.3d 1 (2002)

DUDLEY SUPERMARKET, INC., d/b/a Park `N' Shop; Southbridge Park `N' Shop, Inc., d/b/a Park `N' Shop; Charles A. Pappas, Trustee of the Dudley Supermarket, Inc. Defined Benefit Plan; Charles A. Pappas, Jr., Trustee of the Dudley Supermarket, Inc. Defined Benefit Plan, Plaintiffs, Appellants, v. TRANSAMERICA LIFE INSURANCE AND ANNUITY COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 30, 2002.

Attorney(s) appearing for the Case

James C. Donnelly, Jr. with whom Patricia L. Davidson and Mirick, O'Connell, DeMallie & Lougee were on brief for appellants.

Reid A. Evers with whom Kevin M. Dalton and Glovsky & Glovsky were on brief for appellee.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, GREENBERG, Senior Circuit Judge.

GREENBERG, Senior Circuit Judge.

This matter comes on before this court on appeal from a January 28, 2002 order of the district court and a final judgment entered on February 22, 2002, in favor of defendant-appellee Transamerica Life Insurance and Annuity Company ("Transamerica").

Plaintiffs-appellants, Dudley Supermarket, Inc. d/b/a Park `N' Shop, Southbridge Park `N' Shop, Inc. d/b/a Park `N' Shop, and Charles A. Pappas and Charles A. Pappas, Jr., Trustees...

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