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GULF LIFE INS. CO. v. FOLSOM

No. 86-8013.

806 F.2d 225 (1986)

GULF LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Sidney M. FOLSOM, Folsom Construction Co., Randall M. Folsom, Lawanda F. Rigdon, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 26, 1986.

Attorney(s) appearing for the Case

H. Holcombe Perry, Jr., Albany, Ga., for plaintiff-appellant.

David N. Rainwater, Cordele, Ga., for defendants-appellees.

Before HILL, Circuit Judge, HENDERSON, Senior Circuit Judge, and LYNNE, Senior District Judge.

PER CURIAM:

The facts of this case are set out in the original panel decision certifying one question of law to the Supreme Court of Georgia pursuant to Ga.Code Ann. § 15-2-9 (1985). Gulf Life Insurance Co. v. Folsom, 794 F.2d 1487 (11th Cir.1986). In that panel opinion we certified the following question:

In an action for money had and received, can the plaintiff recover a payment mistakenly made when that mistake...

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