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SHOCKLEE v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 03-30831.

369 F.3d 437 (2004)

Sanford H. SHOCKLEE and Marilyn Shocklee, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 2004.

Attorney(s) appearing for the Case

Jody Edward Anderman, Chad A. Dudley, LeBlanc & Waddell, Baton Rouge, LA, John Peter Zavez (argued), Adkins, Kelston & Zavez, Boston, MA, for Plaintiffs-Appellants.

Stephen H. Kupperman, Barrasso Usdin Kupperman, Freeman & Sarver, New Orleans, LA, Vaughn C. Williams, Stanley A. Chinitz (argued), Skadden, Arps, Slate, Meagher & Flom, New York City, for Defendant-Appellee.

Before JOLLY, JONES and BARKSDALE, Circuit Judges.

PER CURIAM:

This case arises out of a "vanishing premiums" insurance policy where the premiums never actually vanished. The insurance policy at issue in this case is unambiguous on its face, and the plaintiffs' claims fail as a matter of Louisiana law. Therefore, the judgment of the district court dismissing the case is AFFIRMED.

I. BACKGROUND

In 1985, an agent for the company now known as Massachusetts Mutual Life Insurance Company ("MassMutual...

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