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COOK v. OHIO NAT. LIFE INS. CO.

No. 19-3984.

961 F.3d 850 (2020)

Stephen COOK, Individually and On Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. OHIO NATIONAL LIFE INSURANCE COMPANY; Ohio National Life Assurance Corporation; Ohio National Equities, Inc.; Ohio National Financial Services, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 9, 2020.

Attorney(s) appearing for the Case

ARGUED: B. Nathaniel Garrett , HELMER, MARTINS, RICE & POPHAM CO., L.P.A., Cincinnati, Ohio, for Appellant. Marion H. Little, Jr. , ZEIGER, TIGGES & LITTLE LLP, Columbus, Ohio, for Appellees. ON BRIEF: B. Nathaniel Garrett , James B. Helmer, Jr. , Robert M. Rice , HELMER, MARTINS, RICE & POPHAM CO., L.P.A., Cincinnati, Ohio, for Appellant. Marion H. Little, Jr. , Christopher J. Hogan , ZEIGER, TIGGES & LITTLE LLP, Columbus, Ohio, for Appellees.

Before: MERRITT, SUHRHEINRICH, and SUTTON, Circuit Judges.

OPINION

The sole issue in this diversity action is whether plaintiff has standing under Ohio law to assert claims based on an alleged breach of contract when he is not a party to the contract. Plaintiff Stephen Cook sold variable annuities on behalf of defendants, referred to herein collectively as Ohio National...

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