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WULIGER v. MANUFACTURERS LIFE INS. CO.

No. 08-3342.

567 F.3d 787 (2009)

William WULIGER, Plaintiff-Appellee, v. MANUFACTURERS LIFE INSURANCE COMPANY (USA), Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 28, 2009.

Attorney(s) appearing for the Case

ARGUED: Charles J. Vinicombe, Drinker, Biddle & Reath, Princeton, New Jersey, for Appellant. William T. Wuliger, Wuliger, Fadel & Beyer, Cleveland, Ohio, for Appellee. ON BRIEF: Charles J. Vinicombe, Drinker Biddle & Reath LLP, Princeton, New Jersey, Stephen D. Lerner, Pierre H. Bergeron, Squire Sanders & Dempsey LLP, Cincinnati, Ohio, for Appellant. William T. Wuliger, Wuliger, Fadel & Beyer, Cleveland, Ohio, Amy A. Wuliger-Knee, Montgomery Village, Maryland, Andrew C. Storar, Michael W. Sandner, Pickrel, Schaeffer & Ebeling, Dayton, Ohio, for Appellee.

Before: GUY, CLAY, and COOK, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Plaintiff William Wuliger (the "Receiver") filed this diversity suit against Defendant Manufacturers Life Insurance Company (USA) ("MLIC") seeking rescission of three insurance policies and the return of premiums paid on them after they were fraudulently procured for the benefit of a viatical investment company in receivership. MLIC now appeals the district court's order granting summary judgment to the Receiver and denying MLIC...

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