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IN RE NEW ENGLAND LIFE INS. SALES PRACTICES LITIG.

No. 03-1095.

346 F.3d 218 (2003)

In re: NEW ENGLAND LIFE INSURANCE COMPANY SALES PRACTICES LITIGATION, Debtor. S-G Metals Industries, Inc., on its own behalf and on behalf of all other parties similarly situated, Plaintiff, Appellant, v. New England Life Insurance Company, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 6, 2003.

Attorney(s) appearing for the Case

Amy E. Bauman, with whom Patrick J. Stueve, Brian J. Madden and Kenneth E. Nelson, was on brief for appellant S-G Metals Industries, Inc.

Richard N. Bien, with whom Alok Ahuja and Jeff LaRiche, was on brief for appellee New England Life Insurance Company.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

S-G Metals Industries, Inc. ("S-G") appeals from the dismissal of its seven-count complaint against New England Life Insurance Company ("New England"). S-G alleges that New England engaged in a fraudulent scheme involving so-called "vanishing premiums" in the sale of life insurance policies, and asserts claims for violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968, common...

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