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Life Investors Insurance Company of America v. Federal City Region, Inc.; Charleen Corrado, As Personal

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Submitted: May 17, 2012

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

Life Investors Insurance Co. of America (Life Investors) filed a breach of contract action against John M. Corrado*fn1 and Federal City Region, Inc.*fn2 (collectively referred to as Corrado) for allegedly breaching a Settlement Agreement that existed between the parties. Life Investors also sought a declaratory judgment that Life Investors had not violated the Settlement Agreement and determining that if the Settlement Agreement between the parties was not valid, then Corrado was bound by the original agreement between the parties. The district court and this court have diversity jurisdiction over the matter pursuant to 28 U.S.C. § 1332 because the action is between citizens of different states and the amount in controversy exceeds $75,000. The district court determined the Settlement Agreement was enforceable and that Corrado had violated it. Accordingly, the court granted summary judgment in favor of Life Investors on the breach of contract claim, awarding it $688,957.50 plus pre- and post-judgment interest. We reverse the judgment and remand.

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