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MOODY v. STATE EX REL. PAYNE

SC 2453 and SC 2264.

355 So.2d 1116 (1978)

Shearn MOODY, Jr. v. STATE of Alabama ex rel. Charles H. PAYNE, Commissioner of Insurance and Receiver of Empire Life Insurance Company of America. Shearn MOODY, Jr. v. STATE of Alabama ex rel. Charles H. PAYNE, Commissioner of Insurance and Receiver of Empire Life Insurance Company of America, and Protective Life Insurance Company, an Alabama Corp.

Supreme Court of Alabama.

Rehearing Denied March 24, 1978.

Attorney(s) appearing for the Case

William H. Mills, of Rogers, Howard, Redden & Mills, Birmingham, for appellant.

James W. Webb, Montgomery, for appellee, Charles H. Payne, Commissioner of Insurance, Receiver of Empire Life Insurance Co. of America.

JONES, Justice.

These cases, consolidated before the Court, seek review of two decrees of the Jefferson County Circuit Court awarding damages to Protective Life Insurance Company and the Commissioner of Insurance for the State of Alabama. The proceedings below arose because of Appellant's, Shearn Moody, Jr.'s, continued violation of an injunction.

When Empire Life Insurance Company became undercapitalized, it was placed in

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