Stephen Ouwinga, et al v. Benistar 419 Plan Services, In, et al


OPINION and JUDGMENT filed: The district court's dismissal of the Ouwingas' Amended Complaint is REVERSED and the case is REMANDED. Decision for publication pursuant to local rule 206. Richard F. Suhrheinrich, Jane Branstetter Stranch (AUTHORING), and Bernice Bouie Donald, Circuit Judges.

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Case: 10-2531 Document: 006111437919 Filed: 09/19/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED No. 10-2531 STEPHEN OUWINGA; LEANN OUWINGA; DAVID OUWINGA; CHRISTINE OUWINGA; STONEY CREEK FISHERIES AND EQUIPMENT INC., on behalf of themselves and all others similarly situated, Plaintiffs - Appellants, Sep 19, 2012 DEBORAH S. HUNT, Clerk v. BENISTAR 419 PLAN SERVICES, INC.; BENISTAR LTD., Defendants, JOHN HANCOCK VARIABLE LIFE INSURANCE COMPANY; JOHN HANCOCK LIFE INSURANCE COMPANY; EDWARDS ANGELL PALMER & DODGE, LLP; JOHN H REID, III; KRIS LESLEY; ROBERT FOGG; PASCIAK JOHN HANCOCK AGENCY LLC, fka West Michigan Pasciak General Agency, Defendants - Appellees. Before: SUHRHEINRICH, STRANCH, and DONALD, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s dismissal of the Ouwingas’ Amended Complaint is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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