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STATE MUTUAL LIFE ASSURANCE COMPANY v. STATE

No. 10827.

345 S.W.2d 325 (1961)

STATE MUTUAL LIFE ASSURANCE COMPANY of America, Appellant, v. STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 12, 1961.

Attorney(s) appearing for the Case

Dan Moody, Austin, Webster Atwell, Dallas, for appellant.

Will Wilson, Atty. Gen., Fred B. Werkenthin, C. Dean Davis, Asst. Attys. Gen., for appellee.

HUGHES, Justice.

The State of Texas filed this suit through its Attorney General at the request of the State Board of Insurance to cancel the license or certificate of authority under which appellant, State Mutual Life Assurance Company of America, does an insurance business in Texas, and for ancillary injunctive relief.

The basis of the State's case is that appellant has violated Art. 3.50 of the Insurance Code of Texas, V.A.T.S. by effecting

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