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YOKOYAMA v. MIDLAND NAT. LIFE INS. CO.

No. 07-16825.

594 F.3d 1087 (2010)

Gary YOKOYAMA, Attorney in fact for Leatrice C. Yokoyama, Individually and On Behalf of a Class of similarly situated Persons, Catherine Thorson; Edna Yamane, Plaintiffs-Appellants, v. MIDLAND NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2010.

Attorney(s) appearing for the Case

James J. Bickerton, Honolulu, HI, for plaintiff-appellant, Gary Yokoyama, et al.

Robert D. Phillips, Oakland, CA, for defendant-appellee, Midland National Life Insurance Co.

Before: MARY M. SCHROEDER, RICHARD A. PAEZ and N. RANDY SMITH, Circuit Judges.

ORDER AND OPINION

ORDER

The opinion filed on August 28, 2009, is hereby withdrawn. The petition for rehearing is denied. An opinion is being filed concurrently with this order.

OPINION

SCHROEDER, Circuit Judge:

Defendant Midland National Life Insurance Company marketed annuities to senior citizens in Hawaii. At issue in this case are Midland annuities that were sold by independent brokers...

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