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Wellman v. Metlife Insurance Co.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 21, 2010

SARA WELLMAN, PLAINTIFF,
v.
METLIFE INSURANCE COMPANY, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

On January 12, 2010 (Dkt. #28), defendants requested that the Court amend its December 15, 2009 Decision and Order (Dkt. #26) to more fully explicate the holding of a case cited therein. I note that the questioned citation was employed with the very narrow purpose of distinguishing the facts in that case from those presented here, and thus focused upon a particular factual distinction. The questioned citation did not purport to offer an exhaustive description of the holdings in the cited case, and thus its failure to do so does not, in my view, amount to an unclear statement of the law. As such, I decline to amend the Decision and Order.

IT IS SO ORDERED.

Rochester, New York

20100121

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