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Prusky v. Allstate Life Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


September 30, 2010

PAUL M. PRUSKY, ET AL., PLAINTIFFS
v.
ALLSTATE LIFE INSURANCE COMPANY, DEFENDANT

The opinion of the court was delivered by: J. William Ditter, Jr., S.J.

ORDER

AND NOW, this 30th day of September, after consideration of the defendant's motion to dismiss the plaintiff's complaint (Doc. 26), the plaintiff's response (Doc. 28), the defendant's reply (Doc. 30), and the plaintiff's surrebuttal (Doc. 31), I HEREBY ORDER that:

1. The defendant's motion to dismiss Count I of the plaintiffs' complaint is DENIED.

2. The defendant's motion to dismiss Count II of the plaintiffs' complaint is GRANTED.

3. The defendant's motion to dismiss Count III of the plaintiffs' complaint is DENIED.

4. The defendant's motion to dismiss Count IV of the plaintiffs' complaint is GRANTED.

5. The defendant's motion to dismiss Count V of the plaintiffs' complaint is DENIED.

6. The defendant's motion to dismiss Count VI of the plaintiffs' complaint is DENIED.

20100930

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