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LIFE INS. CO. OF NORTH AMERICA v. EVANS

No. 81-257.

637 P.2d 806 (1981)

LIFE INSURANCE COMPANY OF NORTH AMERICA, Petitioner and Appellant, v. Judith ann EVANS, individually and as Personal Representative of the Estate of Lorenzo Lloyd Evans, Deceased, Respondent and Respondent.

Supreme Court of Montana.

Decided November 6, 1981.

Attorney(s) appearing for the Case

Anderson, Brown, Gerbase, Cebull & Jones, Billings, for appellant.

Douglas & Bostock, Libby, for respondent.

DALY, Justice.

Honorable Russell E. Smith, a senior United States District Judge for the District of Montana, has certified to us a question of law in which it appers there are substantial grounds for difference of opinion, the adjudication of which by this Court would materially advance a decision in federal litigation. The following questions were certified:

Are the decisions of law set down in Kingsland v. Metropolitan Life Insurance Co. (1934),...

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