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07-1071 - United States Life Insurance Company of America in the City of New York v. Herring


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07-1071 - United States Life Insurance Company of America in the City of New York v. Herring
November 14, 2008
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MEMORANDUM OPINION AND ORDER that Defendant United States Life's 39 Renewed Motion to Dismiss is DENIED in part and GRANTED in part as follows: (1) The motion to dismiss is DENIED with respect to counterclaims five through seven. (2) The motion to dismiss is GRANTED with respect to counterclaims one through three. Counterclaims one through three are DISMISSED without prejudice, and Herring is GRANTED leave to amend those counterclaims on or before 11/24/2008. (3) The motion to dismiss is GRANTED with respect to counterclaim four. Counterclaim four is DISMISSED without prejudice. Signed by Honorable William Keith Watkins on 11/14/2008. (Attachments: #(1) Civil Appeals Checklist)(dmn)