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

No. 05 Civ. 2592(NRB).

386 F.Supp.2d 438 (2005)

Frederick WEBSTER, Sr. and David Avant, on behalf of themselves and all others similarly situated, Plaintiffs, v. NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION, Defendant.

United States District Court, S.D. New York.

August 4, 2005.

Attorney(s) appearing for the Case

Louis Gottlieb, Goodkind Labaton Rudoff & Sucharow LLP, New York City, for Plaintiff.

Kenneth W. Taber, Pillsbury Winthrop LLP, New York City, for Defendants.

MEMORANDUM AND ORDER

BUCHWALD, District Judge.

In March of 2005, defendant New York Life Insurance and Annuity Company ("NYLIAC") removed this case from the Supreme Court of the State of New York and moved to dismiss pursuant Fed R. Civ. P. 12(b)(1) on the grounds that plaintiff's claims are barred by the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"). Shortly thereafter, Frederick Webster, Sr. ("Webster") and David Avant ("Avant") (collectively...

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