Filed: Mar. 17, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-2302 ELIZABETH MEBANE, Plaintiff - Appellant, versus THE PHOENIX COMPANIES, INCORPORATED; PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY, a/k/a Phoenix Life Insurance Company, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief District Judge. (CA-03-195-1) Submitted: March 11, 2004 Decided: March 17, 2004 Before WIDENER, WILKIN
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-2302 ELIZABETH MEBANE, Plaintiff - Appellant, versus THE PHOENIX COMPANIES, INCORPORATED; PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY, a/k/a Phoenix Life Insurance Company, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief District Judge. (CA-03-195-1) Submitted: March 11, 2004 Decided: March 17, 2004 Before WIDENER, WILKINS..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2302
ELIZABETH MEBANE,
Plaintiff - Appellant,
versus
THE PHOENIX COMPANIES, INCORPORATED; PHOENIX
HOME LIFE MUTUAL INSURANCE COMPANY, a/k/a
Phoenix Life Insurance Company,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CA-03-195-1)
Submitted: March 11, 2004 Decided: March 17, 2004
Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Walter T. Johnson, Jr., LAW OFFICE OF WALTER T. JOHNSON, JR.,
Greensboro, North Carolina, for Appellant. William E. Freeman,
John A. Zaloom, MOORE & VAN ALLEN, P.L.L.C., Durham, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Elizabeth Mebane appeals the district court’s order
dismissing her breach of contract action as untimely under the
statute of limitations. We have reviewed the record and find no
reversible error. Absent exceptional circumstances not present
here, issues not raised before the district court are beyond the
scope of appellate review. Muth v. United States,
1 F.3d 246, 250
(4th Cir. 1993). Accordingly, we affirm for the reasons stated by
the district court. See Mebane v. Phoenix Companies, Inc., No. CA-
03-195-1 (M.D.N.C. Sept. 16, 2003). We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED
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