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RENDERED: SEPTEMBER 1, 2000; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky

Court Of Appeals

NO. 1999-CA-002145-MR

MORRIS M. GARRETT AND
CAROLYN S. CAIN APPELLANTS

APPEAL FROM CAMPBELL CIRCUIT COURT

v. HONORABLE WILLIAM J. WEHR, JUDGE
ACTION NO. 97-CI-00949

USG ANNUITY AND LIFE COMPANY APPELLEE

OPINION
AFFIRMING
** ** ** ** **

BEFORE: BUCKINGHAM, KNOPF, AND SCHRODER, JUDGES.

KNOPF, JUDGE: Morris Garrett and Carolyn Cain, as individuals

1

and as putative representatives of a nation-wide class , appeal
from an August 23, 1999, order of Campbell Circuit Court
dismissing their claims for damages and injunctive relief against
the appellee, USG Annuity and Life Company (USG). It is
apparently conceded that, at the times pertinent to this suit,
USG was a subsidiary of the Equitable Life Insurance Company of
Iowa, was a life-insurance company in its own right, and was

1The putative class has not been certified, and appellants

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