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EX PARTE SOUTHERN ENERGY HOMES, INC.

1910279.

603 So.2d 1036 (1992)

Ex parte SOUTHERN ENERGY HOMES, INC. (Re SOUTHERN ENERGY HOMES, INC. v. Edna E. KEY).

Supreme Court of Alabama.

June 26, 1992.

Attorney(s) appearing for the Case

Charles F. Carr and Rhonda K. Pitts of Rives & Peterson, Birmingham, for petitioner.

James C. King and John E. Warren III of Wilson & King, Jasper, for respondent.

Lyman H. Harris and Lawrence T. King of Harris, Evans, Berg, Morris & Rogers, P.C., Birmingham, for amici curiae Business Council of Alabama Self Insured Worker's Compensation Fund, St. Paul Fire and Marine Ins. Co., Liberty Mut. Ins. Group, Alabama Hosp. Ass'n Trust and Super Valu Stores, Inc.

PER CURIAM.

The issue presented in this case is one of first impression in this Court, although it has previously been addressed by the Court of Civil Appeals in a case in which this Court denied certiorari review. Builders Transport, Inc. v. Jochum, 585 So.2d 52 (Ala.Civ.App.1991). The issue is: Whether misrepresentations as to physical condition or health on an application to...

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