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RAKES v. LIFE INVESTORS INS. CO. OF AMERICA

No. 08-2626.

582 F.3d 886 (2009)

Robert RAKES, individually, and on behalf of all others similarly situated; Robert Hollander, individually, and on behalf of all others similarly situated, Appellants, v. LIFE INVESTORS INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 18, 2009.

Attorney(s) appearing for the Case

Monte L. Rogneby, argued, Bismark, ND, Thomas Q. Purdon and Carey Ann Goetz, Bismark, ND, Brad J. Brady and Matthew L. Preston, Cedar Rapids, IA, Allan Kanner and Conlee S. Whiteley, New Orleans, LA, and Perry Peace Benton, Orange Beach, AL, on the brief, for appellant.

Reid L. Ashinoff, argued, New York, NY, Deborah H. Renner and Joshua S. Akbar, New York, NY, and Gregory M. Lederer and J. Michael Weston, Cedar Rapids, IA, on the brief, for appellee.

Before WOLLMAN, RILEY, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.

Robert Rakes and Robert Hollander (plaintiffs), the named plaintiffs in a purported class action lawsuit against Life Investors Insurance Company of America (Life Investors), appeal from the district court's1 order denying their motion for a continuance under Federal Rule of Civil Procedure 56(f) and granting summary judgment in favor of Life Investors on their claims of fraud and tortious breach of the implied...

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