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HILGEMAN v. NATIONAL INS. CO. OF AMERICA

No. 75-1724.

547 F.2d 298 (1977)

Edward W. HILGEMAN, on behalf of himself and all other purchasers of "Security Charter Contracts" Issued and Sold by National Insurance Company of America, a North Dakota Corporation, Plaintiff-Appellant, v. NATIONAL INSURANCE COMPANY OF AMERICA, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 18, 1977.

Attorney(s) appearing for the Case

J. Vernon Patrick, Jr., Barton S. Sacher, Birmingham, Ala., for plaintiff-appellant.

Alan W. Heldman, Birmingham, Ala., for defendants-appellees.

Before GODBOLD, McCREE and TJOFLAT, Circuit Judges.

GODBOLD, Circuit Judge:

The facts of this case are set forth in our earlier decision, Hilgeman v. National Insurance Company, 444 F.2d 446 (CA5, 1971). In that appeal we were unable to determine the basis upon which the district court dismissed Hilgeman's complaint, and we remanded the case for clarification of the dismissal order.

The only additional facts of relevance to...

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