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WOLINETZ v. BERKSHIRE LIFE INS. CO.

No. 01-1217.

361 F.3d 44 (2004)

Harvey D. WOLINETZ, Plaintiff, Appellant, v. BERKSHIRE LIFE INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 18, 2004.

Attorney(s) appearing for the Case

Douglas M. Brooks with whom Gilman and Pastor, LLP, Patrick F. Morris, Morris and Morris, LLC, Michael B. Hyman, William H. London and Much Shelist Freed Denenberg Ament & Rubenstein, P.C. were on brief, for appellant.

John A. Shope with whom Michael B. Keating, Kirk G. Hanson and Foley Hoag LLP were on brief, for appellee.

Before BOUDIN, Chief Judge, BALDOCK, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

In this case, we consider whether the district court correctly entered summary judgment dismissing Harvey Wolinetz's fraud-related claims against Berkshire Life Insurance Company on statute of limitations grounds. Because we conclude that the date on which Wolinetz learned or should have learned of his claims against Berkshire presents a jury question, we vacate and remand for further proceedings.

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