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EVANS v. INSURANCE CO. OF NORTH AMERICA

SC 2385.

349 So.2d 1099 (1977)

In re Robert H. EVANS v. INSURANCE COMPANY OF NORTH AMERICA. Ex parte INSURANCE COMPANY OF NORTH AMERICA, a corporation.

Supreme Court of Alabama.

September 2, 1977.

Attorney(s) appearing for the Case

William B. Eyster, for Eyster, Eyster & Key and J. Glynn Tubb, Decatur, for petitioner.

W. L. Chenault, for Chenault & Chenault, Decatur, for respondent.

BEATTY, Justice.

Petition for a writ of mandamus to compel the respondent trial judge to set aside an order admitting the responses to a Request for Admissions because the responses were not timely filed. The writ is denied.

On April 27, 1976, Robert H. Evans filed an action in the Circuit Court of Morgan County against Insurance Company of North America (INA). In that action the plaintiff claimed damages for breach of contract on a policy of insurance which...

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