Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit 8-12-2004 Justofin v. Metro Life Ins Co Precedential or Non-Precedential: Precedential Docket No. 02-4264 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004 Recommended Citation "Justofin v. Metro Life Ins Co" (2004). 2004 Decisions. Paper 371. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/371 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2004 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  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 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 2