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OLD SOUTHERN LIFE INSURANCE CO. v. ROBERTS

SC 16.

272 So.2d 891 (1972)

The OLD SOUTHERN LIFE INSURANCE CO. v. Frank N. ROBERTS and Herman Z. Jarmon, Individually, and d/b/a Roberts Plastering Contractors.

Supreme Court of Alabama.

Rehearing Denied February 22, 1973.

Attorney(s) appearing for the Case

Patterson & Rinehart, Montgomery, Inzer, Suttle, Inzer & Pruett, Gadsden, for appellant.

Burns, Carr & Shumaker, and Robert H. King, and Thomas E. Davis, Gadsden, for appellees.

SOMERVILLE, Justice.

This is an appeal from a judgment of the Circuit Court of Etowah County, rendered on a jury verdict against the appellant, Old Southern Life Insurance Company (Old Southern) for $71,544.00, the face value of a life insurance policy, plus interest, issued on the life of James L. Roberts, deceased. Appellant's motion for a new trial being overruled, it pursues this appeal.

The pertinent facts are as follows: James L. Roberts, Frank N. Roberts...

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