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OLD LINE LIFE INS. CO. OF AMERICA v. GARCIA

No. 04-1481.

418 F.3d 546 (2005)

OLD LINE LIFE INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. David K. GARCIA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 5, 2005.

Attorney(s) appearing for the Case

ARGUED: John P. Nicolucci, Foster, Swift, Collins & Smith, Lansing, Michigan, for Appellant. K. Scott Hamilton, Dickinson, Wright, PLLC, Detroit, Michigan, for Appellee. ON BRIEF: John P. Nicolucci, Stephen O. Schultz, Foster, Swift, Collins & Smith, Lansing, Michigan, for Appellant. K. Scott Hamilton, Dickinson, Wright, PLLC, Detroit, Michigan, for Appellee.

Before: MOORE and SUTTON, Circuit Judges; CARMAN, Judge.

AMENDED OPINION

CARMAN, Judge.

This matter is before the Court on Plaintiff/Appellee Old Line Insurance Company of America's ("Old Line") Motion for Clarification or, Alternatively, for Rehearing and/or Rehearing En Banc. Upon consideration of the relevant briefs and the record before this Court, we hereby amend our prior opinion, Old Line Life Ins. Co. of Am. v. Garcia, 411 F.3d 605 (6th Cir. 2005), and remand to...

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