NORTH CAROLINA MUT. LIFE INSURANCE COMPANY v. McKINLEY FINANCIAL SERVICE

No. 1:03 CV 00911.

386 F.Supp.2d 648 (2005)

NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. McKINLEY FINANCIAL SERVICE, INC., and James McKinley, Defendants, and McKinley Financial Service, Inc., Third-Party Plaintiff, v. Collegiate Risk Management, Inc., a Florida corporation; and Vonda White, Third-Party Defendants.

United States District Court, M.D. North Carolina.

September 2, 2005.


Attorney(s) appearing for the Case

John S. Austin, Charles T. Francis, Francis & Austin, PLLC, Raleigh, NC, for Plaintiff.

Dan M. Hartzog, Donna R. Rascoe, Cranfill Sumner & Hartzog, Raleigh, NC, for Defendants.


MEMORANDUM OPINION

BEATY, District Judge.

I. INTRODUCTION

This matter arises out of a contract to sell insurance products between Plaintiff North Carolina Mutual Life Insurance Company ("NCM") and Defendant/Third-Party Plaintiff McKinley Financial Service, Inc. ("McKinley" or "Third-Party Plaintiff"). In performing that contract, McKinley, in turn, hired Third-Party Defendants Collegiate Risk Management, Inc. ("Collegiate") and its president...

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