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FAY v. AETNA LIFE INS. AND ANNUITY CO.

No. CIV.A.01CV10846-RGS.

307 F.Supp.2d 284 (2004)

William FAY, Sr., et al. v. AETNA LIFE INSURANCE AND ANNUITY COMPANY and Gary Pflugfelder

United States District Court, D. Massachusetts.

March 5, 2004.

Attorney(s) appearing for the Case

Robert J. Gilbert Gilbert & Renton, Andover, MA, for Frank J. Santangelo, Kathleen E. Fay, William L. Fay, Sr., Plaintiffs.

William Shields Day, Berry & Howard, Boston, MA, for Aetna Life Insurance Company, Defendant.

Mark E. Swirbalus Day, Berry & Howard, Boston, MA, for Aetna Life Insurance Company, Defendant.

Allan B. Taylor, Day, Berry & Howard, Hartford, CT, for Aetna Life Insurance Company, Gary E. Pflugfelder, Defendants.

Harrison V. Williams, Jr. Green & Siefter, Syracuse, NY, for Aetna Life Insurance Company, Gary E. Pflugfelder, Defendants.

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGEMENT

STEARNS, District Judge.

On May 16, 2001, William Fay, Sr., Kathleen Fay, and Frank Santangelo, in his capacity as Trustee of the Fay Insurance Trust, filed this Complaint against Aetna Life Insurance and Annuity Company (Aetna), and a former Aetna general manager, Gary Pflugfelder, alleging breach of contract, breach of the implied covenant of good faith and fair dealing, fraud and deceit...

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