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DUNNIGAN v. METROPOLITAN LIFE INS. CO.

Docket No. 00-7399.

277 F.3d 223 (2002)

Helen DUNNIGAN, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided January 9, 2002.

Attorney(s) appearing for the Case

Scott M. Riemer, Michael E. Schoeman, on the brief, Schoeman, Updike & Kaufman, LLP, New York, NY, for Appellant.

Myron D. Rumeld, Proskauer Rose LLP, Lawrence Wolff, Allan M. Marcus, Metropolitan Life Insurance Company, New York, NY, on the brief, for Appellee.

Gregory G. Katsas; Gregory A. Castanias, Michael S. Fried, of counsel, Jones, Day, Reavis & Pogue, Jeffrey L. Gabardi, Health Insurance Association of America, Washington, DC, on the brief, for Amicus Curiae Health Insurance Association of America.

Mary Ellen Signorille, AARP Foundation Litigation, Melvin Rodowitz, AARP, Washington, DC, Paula Brantner, National Employment Lawyers Association, San Francisco, CA, on the brief, for Amici Curiae American Association of Retired Persons and National Employment Lawyers Association.

Before JACOBS, LEVAL, and KATZMANN, Circuit Judges.

LEVAL, Circuit Judge.

This is an appeal by the plaintiff, Helen Dunnigan, the beneficiary of a long-term disability insurance policy issued by defendant Metropolitan Life Insurance Company (MetLife), from the dismissal of her complaint by the United States District Court for the Southern District of New York (Scheindlin, J.). Plaintiff's complaint asserted a claim, personally and on the behalf of all other similarly situated disabled participants in MetLife...

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