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UNITED INVESTORS LIFE INS. v. WADDELL & REED

No. 02-56278.

360 F.3d 960 (2004)

UNITED INVESTORS LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. WADDELL & REED INC.; Waddell & Reed Financial Inc.; Waddell & Reed Financial Services Inc.; W & R Insurance Agency Inc.; Thomas A.N. Miller; Cheryl Aldava; David Atkinson; Timothy Glenn; Eric Hoopingarner, Michael Ingaglio; Duane Johnson; Carolyn Joyce; Gloria Kimmel; William Knoke; Mark Larsen; Carolyn Leone; Albert Martinez; John Morreale; Joyce O'Donnell; Elizabeth Ruch; Kenneth Sheets; Bobby Yount, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2004.

Attorney(s) appearing for the Case

Rex S. Heinke, Akin, Gump, Strauss, Hauer & Feld, Los Angeles, CA, Robert F. Scoular, Sonnenschein Nath & Rosenthal, Los Angeles, CA, and Joseph P. Busch, III, Gibson Dunn & Crutcher, for the defendants-appellants.

William J. Baxley, South Birmingham, AL, and Michael Himes, Perkins Coie, San Francisco, CA, for the plaintiff-appellee.

Before J. CLIFFORD WALLACE, PAMELA ANN RYMER, and RICHARD C. TALLMAN, Circuit Judges.

Opinion by Judge Wallace

OPINION

WALLACE, Senior Circuit Judge:

Defendants Waddell & Reed, Inc., and its various associated entities, (Waddell & Reed) timely appeal from a district court order denying their motion to dismiss Plaintiff United Investors Life Insurance Co.'s (United Investors) state-law securities action and sua sponte remanding the action to state court. Waddell & Reed argues that...

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