Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit

8-12-2004

Justofin v. Metro Life Ins Co Precedential or Non-Precedential: Precedential

Docket No. 02-4264

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Recommended Citation "Justofin v. Metro Life Ins Co" (2004). 2004 Decisions. Paper 371. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/371

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No. 02-4264

JEFFREY JUSTOFIN, CHRISTOPHER JUSTOFIN; DAMIAN JUSTOFIN; ROBERT JUSTOFIN; IVAN JUSTOFIN, (Beneficiaries of Loretta K. Justofin, Deceased),

Appellants

v.

METROPOLITAN LIFE INSURANCE CO.

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 01-cv-06266) District Judge: Honorable John R. Padova

Argued October 27, 2003

Before: SCIRICA, Chief Judge, NYGAARD and AMBRO, Circuit Judges

Timothy M. Kolman, Esquire Wayne A. Ely, Esquire (Argued) Timothy M. Kolman & Associates 225 North Flowers Mill Road Langhorne, PA 19047

Attorney for Appellants

Alvin Pasternak, Esquire Anthony J. Tomari, Esquire Metropolitan Life Insurance Company Law Department One Madison Avenue New York, NY 10010-3690

Veronica W. Saltz, Esquire (Argued) Saltz Hollaender 993 Old Eagle School Road Suite 412 Wayne, PA 19087

Attorneys for Appellee

ORDER AMENDING PUBLISHED OPINION

AM BRO, Circuit Judge

It is now ordered that the published Opinion in the above case filed June 25, 2004, be amended as follows:

On page 2, column 2, in the paragraph marked as question 15, after the word “In” and before the word “past”, insert with hard brackets the word “the” so that the phrase reads “In [the] past 5 years,”.

On page 6, column 1, in the last line, delete the words “is controlling” and replace them with the word “controls”, so that the phrase reads, “when one of the Federal Rules controls the point in dispute.”

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: August 12, 2004

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