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LINTON v. NEW YORK LIFE INS. AND ANNUITY CORP.

No. Civ.A.04-11362-RWZ.

392 F.Supp.2d 39 (2005)

Barry LINTON v. NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION

United States District Court, D. Massachusetts.

March 1, 2005.

Attorney(s) appearing for the Case

Perry A. Henderson, Richard J. Grahn, Looney & Grossman, LLP, Boston, MA, for Plaintiff.

John D. Donovan, Jr., Robert G. Jones, Ropes & Gray LLP, Boston, MA, for Defendant.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

Plaintiff Barry Linton bought an insurance policy from defendant New York Life Insurance and Annuity Corporation as a vehicle for investment in mutual funds. He understood that the policy permitted him to execute immediate orders by telephone for purchasing, redeeming or exchanging mutual fund shares. The success of plaintiff's investment strategy specifically...

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