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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

THE FEDERAL INSURANCE COMPANY, Plaintiff-Appellee,

v.

SUSAN M. SMITH, Defendant-Appellant,

No. 01-1857

and

MICHAEL C. SMITH; ESTATE OF MYRON SMITH, by Susan M. Smith, beneficiary,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-00-397-A)

Argued: September 24, 2002

Decided: February 25, 2003

Before LUTTIG and TRAXLER, Circuit Judges, and Norman K. MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by unpublished opinion. Judge Moon wrote the opinion, in which Judge Luttig joined. Judge Traxler wrote an opinion concurring in part and dissenting in part.

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