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FEDERAL KEMPER LIFE ASSUR. CO. v. FIRST NAT. BANK

No. 82-7091.

712 F.2d 459 (1983)

FEDERAL KEMPER LIFE ASSURANCE COMPANY, Plaintiff-Appellant, v. The FIRST NATIONAL BANK OF BIRMINGHAM, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 15, 1983.

Attorney(s) appearing for the Case

Ollie L. Blan, Jr., Birmingham, Ala., for plaintiff-appellant.

Alva C. Caine and James O. Haley, Birmingham, Ala., for defendants-appellees.

Before TJOFLAT and VANCE, Circuit Judges, and MORGAN, Senior Circuit Judge.

VANCE, Circuit Judge:

Federal Kemper Life Assurance Company appeals from a jury verdict in favor of the First National Bank of Birmingham and Louise Ray, as executors of the estate of decedent-insured, John Ray. Alabama law governs this diversity case. We affirm.

In October 1979 John Ray applied for life insurance with Federal Kemper in the amount of one million dollars. Ray disclosed in the application that five years previously he had undergone an ileostomy...

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