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BROWN v. PROTECTIVE LIFE INS. CO.

No. CIV.A. 04-1132.

353 F.Supp.2d 739 (2004)

Marylena BROWN, on Behalf of Herself and Others Similarly Situated v. PROTECTIVE LIFE INSURANCE COMPANY

United States District Court, E.D. Louisiana.

October 1, 2004.

Attorney(s) appearing for the Case

Dawn Adams Wheelahan, Dawn Adams Wheelahan, Attorney at Law, New Orleans, LA, Harold Menton Wheelahan, III, Stephan R. Rue & Associates, Stephen Robert Rue, Stephen R. Rue & Associates, Kenner, LA, for Marylena Brown, on behalf of herself and others similarly situated, plaintiff.

W. Michael Atchisoh, Rik S. Tozzi, Nicole M. Liechty, Starnes & Atchison, Birmingham, AL, Stephen Winthrop Rider, Anthony Rollo, David S. Willenzik, Gabriel A. Crowson, McGlinchey Stafford, PLLC, New Orleans, LA, for Protective Life Insurance Company, defendant.

ORDER AND REASONS

LEMMON, District Judge.

IT IS HEREBY ORDERED that Protective Life Insurance Company's motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, is GRANTED. (Document # 4.)

I. BACKGROUND

In 1996, Matthew and Marylena Brown (Brown) purchased a 1995 Astro van from Banner of New Orleans, Inc. (Banner)...

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