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SARRATT v. LINCOLN BEN. LIFE CO.

No. 44135.

323 N.W.2d 81 (1982)

212 Neb. 436

John E. SARRATT, Appellant, v. LINCOLN BENEFIT LIFE COMPANY, a corporation, Appellee.

Supreme Court of Nebraska.

August 13, 1982.

Attorney(s) appearing for the Case

Patrick L. Cooney and Michael W. Pirtle of McCormack, Cooney, Mooney & Hillman, P. C., Omaha, for appellant.

Theodore L. Kessner of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ.

McCOWN, Justice.

This is a class action instituted by the plaintiff on behalf of himself and other similarly situated policyholders against the defendant insurance company for damages and a refund of premiums paid. The District Court granted the defendant's motion for partial summary judgment denying plaintiff the right to proceed as a representative of the class but allowing him to proceed with his own individual action...

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