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BERRY v. UNITED OF OMAHA

No. 83-7245. Non-Argument Calendar.

719 F.2d 1127 (1983)

Joyce BERRY, Plaintiff-Appellant, v. UNITED OF OMAHA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 17, 1983.

Attorney(s) appearing for the Case

Lorant, Harris & Yearout, Michael J. Evans, Birmingham, Ala., for plaintiff-appellant.

Bradley, Arant, Rose & White, Braxton Schell, Jr., Hobart A. McWhorter, Jr., Birmingham, Ala., for defendant-appellee.

Before HILL, JOHNSON and HENDERSON, Circuit Judges.

PER CURIAM:

Joyce Berry, the plaintiff in the trial court, appeals to this court from the order of the district court granting summary judgment in favor of United of Omaha Insurance Company. The question presented in this appeal is whether an Alabama plaintiff can maintain an action against an insurance company for bad faith refusal to pay a claim when the insurance company first refuses to pay the claim but then relents and pays prior to the commencement of the suit...

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