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MILLER v. NORTHWESTERN MUT. LIFE INS. CO.

Nos. 03-3989, 03-4001.

392 F.3d 973 (2004)

Timothy MILLER and Daniel Miller, Plaintiffs-Appellants, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, being sued as The Northwestern Mutual Life Insurance Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 23, 2004.

Rehearing and Rehearing Denied February 8, 2005.

Attorney(s) appearing for the Case

Richard P. Mahoney, argued, Minneapolis, Minnesota (Victor Lund, Minneapolis, Minnesota on the brief), for appellee.

Erik T. Salveson, argued, Minneapolis, Minnesota, appellee.

Before COLLOTON, LAY, and BENTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 8, 2005.*

LAY, Circuit Judge.

Timothy Miller and Daniel Miller are brothers who operated an architectural and construction company (Miller Architects & Builders, Inc.) as equal owners. Daniel served as president and Timothy served as chairperson. Timothy's principal duties included (1) creating an agenda for, and presiding over, advisory board meetings; (2) marketing; and (3)...

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