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HERNDON v. EQUITABLE VARIABLE LIFE INS. CO.

No. 02-15358. Non-Argument Calendar.

325 F.3d 1252 (2003)

Thomas R. HERNDON, Individually, and on behalf of others similarly situated, Plaintiff-Appellant, v. EQUITABLE VARIABLE LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 28, 2003.

Attorney(s) appearing for the Case

C. Dorian Britt, Brent J. Savage, Savage, Herndon & Turner, P.C., Savannah, GA, for Plaintiff-Appellant.

Paul W. Painter, Jr., Ellis, Painter, Ratterree & Bart, LLP, Savannah, GA, Richard R. Hays, Todd R. David, John H. Goselin, II, Alston & Bird, LLP, Atlanta, GA, for Defendant-Appellee.

Before TJOFLAT, BIRCH and RONEY, Circuit Judges.

PER CURIAM:

The issue on this appeal is whether a variable life insurance policy is a "covered security" under the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"), 15 U.S.C. §§ 77p(c), 78bb(f) and 28 U.S.C. §§ 1331, 1367, 1441, and 1446, a question of first impression in this Circuit. Plaintiff Thomas R. Herndon filed in state court an eleven-count class action complaint against Equitable...

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