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McADAMS v. MASSACHUSETTS MUT. LIFE INS. CO.

Nos. 04-1567, 04-1715.

391 F.3d 287 (2004)

Michael Q. McADAMS and Farrell D. Odom, on behalf of themselves and all others similarly situated, and Berry Boyd et al., Plaintiffs, Appellants, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY and MassMutual Benefits Management, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 1, 2004.

Attorney(s) appearing for the Case

Brent J. Kaplan, with whom Thomas J. Gallo and Robins, Kaplan, Miller & Ciresi LLP, were on brief, for appellants.

Thomas J. Dougherty, with whom Kurt Wm. Hemr and Skadden, Arps, Slate, Meagher & Flom LLP, were on brief, for appellees.

Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

Michael Q. McAdams and Farrell D. Odom, former general agents for the Massachusetts Mutual Life Insurance Company ("MassMutual"), filed suit against MassMutual on behalf of themselves and all other similarly situated MassMutual general agents. The claims are Massachusetts state law claims and jurisdiction is premised on diversity. Plaintiffs participated in a non-qualified deferred compensation plan; they allege that the plan was managed by MassMutual...

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