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MILLER v. NATIONWIDE LIFE INS. CO.

No. 03-31114.

391 F.3d 698 (2004)

Edward MILLER, Individually, and On Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. NATIONWIDE LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 2004.

Attorney(s) appearing for the Case

Mary Schillesci McPherson (argued), James A. McPherson, McPherson & McPherson, New Orleans, LA, for Plaintiff-Appellant.

Charles C. Platt (argued), Wilmer, Cutler & Pickering, Patrick J. Gennardo, LeBoeuf, Lamb, Greene & MacRae, New York City, George Davidson Fagan, Leake & Andersson, New Orleans, LA, for Defendant-Appellee.

Before JOLLY, WIENER, and PICKERING, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Edward Miller purchased annuities from Nationwide Life Insurance Co. ("Nationwide"), which issued a prospectus relating to the purchase and later issued an amended prospectus. After Nationwide charged Miller transaction fees for certain trades he made, Miller filed a class action against the insurance company, alleging violations of the Securities Act of 1933 and breach of contract under Louisiana law, arguing that in its initial offerings...

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