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TYLER v. INSURANCE CO. OF NORTH AMERICA, INC.

No. 74-3655 Summary Calendar.

539 F.2d 1072 (1976)

Mrs. Net V. TYLER, as Administratrix of the Estate of Cecil H. Tyler, Deceased, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 4, 1976.

Attorney(s) appearing for the Case

Roscoe B. Hogan, Birmingham, Ala., for plaintiff-appellant.

Robert D. Norman, Marshall H. Fitzpatrick, Birmingham, Ala., for defendant-appellee.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Because this case presented important and unsettled questions of Alabama contract law, once again we made use of the valuable tool of certification provided by the Alabama Constitution.1 Alabama Constitution Art. VI, section 140(b)(3). The facts and certified questions are fully set out in Tyler v. Insurance Company of North America, Inc., 5 Cir., 1975, 520 F.2d 341....

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