MEYER v. BERKSHIRE LIFE INS. CO.

No. 03-1600.

372 F.3d 261 (2004)

Alan MEYER, Trustee for Paul D. Meyer, M.D., P.A.; Jorge R. Ordonez, Trustee for Jorge R. Ordonez, M.D., P.A.; Employee Profit Sharing Plan And Trust, Successor To Jorge R. Ordonez, M.D. Money Purchase Pension Plan And Trust; Money Purchase Plan And Trust, Plaintiffs-Appellees, v. BERKSHIRE LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2004.


Attorney(s) appearing for the Case

ARGUED: Nicholas Theodore Christakos, SUTHERLAND, ASBILL & BRENNAN, L.L.P., Washington, D.C., for Appellant. Mark Menton Dumler, PARKER, DUMLER & KEILY, L.L.P., Baltimore, Maryland, for Appellees. ON BRIEF: Stephen M. Rosenblatt, SUTHERLAND, ASBILL & BRENNAN, L.L.P., Washington, D.C., for Appellant.

Before LUTTIG and MICHAEL, Circuit Judges, and Bobby R. BALDOCK, Senior Circuit Judge of the United States Court of Appeals for the Tenth Circuit, Sitting by designation.


Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MICHAEL and Senior Judge BALDOCK joined.

OPINION

LUTTIG, Circuit Judge:

Appellees, Alan Meyer and Jorge Ordonez, in their capacity as trustees for certain pension plans and trusts ("the pension plans"), sued appellant, Berkshire Life Insurance Co. ("Berkshire"), in state court, bringing common-law claims for professional...

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