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MIDLAND NAT. LIFE INS. v. CITIZENS & SOUTHERN NAT. BANK

Civ. A. No. 85-415-1-MAC.

641 F.Supp. 516 (1986)

MIDLAND NATIONAL LIFE INSURANCE COMPANY, Plaintiff, v. The CITIZENS AND SOUTHERN NATIONAL BANK, Jasper T. Hogan, Jr. and Sharon D. Hogan, Defendants.

United States District Court, M.D. Georgia, Macon Division.

August 6, 1986.

Attorney(s) appearing for the Case

Ben Kingree, III, Carter, Ansley, Smith & McLendon, Atlanta, Ga., for plaintiff.

John T. McGoldrick, Jr., Martin, Snow, Grant & Napier, Walter H. Bush, Jr., Hansell & Post, Macon, Ga., for defendants.

FITZPATRICK, District Judge:

This case is before the court on cross-motions for summary judgment by plaintiff and defendant. Plaintiff, Midland National Life Insurance Company (Midland), is asking for a declaratory judgment to determine its liability to defendant-beneficiaries under a life insurance policy. This court has jurisdiction under 28 U.S.C. § 1332(a) and 28 U.S.C. § 2201.

The material facts in this case are undisputed. On April 29, 1983...

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