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ELLER v. EQUITRUST LIFE INS. CO.

Nos. 12-17119, 12-17267.

778 F.3d 1089 (2015)

Mary Helen ELLER, Plaintiff, and Paul Harrington, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. EQUITRUST LIFE INSURANCE COMPANY, Defendant-Appellee. Mary Helen Eller, Plaintiff, and Paul Harrington, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. EquiTrust Life Insurance Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2015.

Attorney(s) appearing for the Case

Steve W. Berman (argued), Hagens Berman Sobol Shapiro LLP, Seattle, WA, Elaine T. Byszewski , Hagens Berman Sobol Shapiro LLP, Pasadena, CA, for Plaintiff-Appellant.

Margaret A. Grignon (argued), Robert D. Phillips, Jr. , Brandon W. Corbridge , Reed Smith LLP, Los Angeles, CA, for Defendant-Appellee.

Before: DIARMUID F. O'SCANNLAIN, RAYMOND C. FISHER, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

I. Introduction

This is a putative class action against EquiTrust Life Insurance Company ("EquiTrust"), alleging violations of federal and state law in the sale of annuities. The district court granted EquiTrust's motion for summary judgment, but, without explanation, declined to award costs to...

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