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PRUSKY v. RELIASTAR LIFE INS. CO.

No. 05-1611.

445 F.3d 695 (2006)

Paul M. PRUSKY, Individually and as Trustee, Windsor Securities, Inc. Profit Sharing Plan; Steven G. Prusky, as Trustee, Windsor Securities, Inc. Profit Sharing Plan, Appellants v. RELIASTAR LIFE INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Filed March 20, 2006.

Attorney(s) appearing for the Case

Arlin M. Adams, Bruce P. Merenstein [Argued], Schnader Harrison Segal & Lewis LLP, Philadelphia, PA, for Appellants.

Joseph P. Moodhe [Argued], Debevoise & Plimpton LLP, New York, NY, Mathieu J. Shapiro, Obermayer Rebmann Maxwell & Hippel LLP, Philadelphia, PA, for Appellee.

Before RENDELL and SMITH, Circuit Judges, and IRENAS, District Judge.

IRENAS, Senior District Judge.

Paul and Steven Prusky (collectively the "Pruskys") appeal from an order of the United States District Court for the Eastern District of Pennsylvania denying partial summary judgment on their breach of contract claims and entering summary judgment sua sponte in favor of ReliaStar Life Insurance Company ("ReliaStar"). The District Court had jurisdiction under 28 U.S.C. § 1332. We exercise appellate jurisdiction pursuant to...

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