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BURKS v. COLONIAL LIFE & ACCIDENT INS. CO.

No. 13713.

192 F.2d 643 (1951)

BURKS v. COLONIAL LIFE & ACCIDENT INS. CO.

United States Court of Appeals Fifth Circuit.

November 30, 1951.

Attorney(s) appearing for the Case

Wallace Miller, Jr., Macon, Ga., John J. Flynt, Jr., Griffin, Ga., for appellant.

S. Augustus Black, Columbia, S. C., R. Lanier Anderson, Jr., Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge.

In the trial Court both the appellant, the plaintiff, and the appellee, the defendant moved for summary judgments. In a well considered opinion, set forth in the margin,1 the trial judge fully and fairly stated the material facts which had been developed by affidavits for the purpose of the respective motions of the parties, and, reviewing and applying the controlling law...

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