Jeffrey Justofin, Christopher Justofin v. METROPOLITAN LIFE INSURANCE CO. Appeal from the United States District Court for the…

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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

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2
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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