HILGEMAN v. STATE

78-80.

374 So.2d 1327 (1979)

Edward HILGEMAN, etc. v. STATE of Alabama ex rel. Charles H. PAYNE, etc.

Supreme Court of Alabama.

Rehearing Denied September 21, 1979.


Attorney(s) appearing for the Case

J. Vernon Patrick, Jr. and Thomas J. Gallo, Birmingham, for appellant.

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


EMBRY, Justice.

Edward Hilgeman appeals from a judgment which disallowed his claim against the assets of Empire Life Insurance Company, a corporation in receivership. We reverse.

In 1963 Hilgeman purchased a "security charter contract" from National Insurance Company of America. Two years later a majority of the voting stock of National was purchased by Empire. In 1969 Hilgeman filed a class action in U.S. District Court for the Northern District of Alabama...

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