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CHERRY v. ANTHONY, GIBBS, SAGE

No. 56652.

501 So.2d 416 (1987)

Richard F. CHERRY and Edward L. Cherry, v. ANTHONY, GIBBS, SAGE, a/k/a Underwriter's at Lloyds, London, Lloyds of London.

Supreme Court of Mississippi.

January 21, 1987.

Attorney(s) appearing for the Case

Alfred Lee Felder, McComb, C.R. McRae, Margaret P. Ellis, Pascagoula, for appellants.

K. Hayes Callicutt, Shell, Buford, Bufkin, Callicutt & Perry, Jackson, John C. McLaurin, Sr., McLaurin & McLaurin, Brandon, for appellee.

BEFORE ROY NOBLE LEE, P.J., and ANDERSON and GRIFFIN, JJ.,

ANDERSON, Justice, for the Court:

Both parties appeal from a judgment of the Circuit Court of Rankin County. The Cherry brothers feel aggrieved by that judgment insofar as it denied that they were entitled to be paid the face value of the insurance contract in dispute. Anthony, Gibbs, Sage, Underwriter's at Lloyds of London (hereinafter Lloyds) are cross-appealing as to the trial court's rejection of their plea of res judicata in bar to the Cherry's action.

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