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BATTLE v. LIBERTY NATIONAL LIFE INSURANCE COMPANY

No. 91-7700.

974 F.2d 1279 (1992)

Edgar H. BATTLE, d/b/a Edgar H. Battle Funeral Home; et al., Plaintiffs, James L. Taylor, individually, and as the administrator of the Estates of James Jackson Taylor and Laura F. Taylor, deceased, Frances Louise Taylor Spence, Debra Taylor, Diane Taylor Stafford, Phillip Taylor, Gretta Taylor and Annie J. Elrod, individually and as executrix of the Estate of David A. Elrod, deceased, Plaintiffs-Intervenors-Appellants, v. LIBERTY NATIONAL LIFE INSURANCE COMPANY; Brown Service Funeral Homes Company, Inc.; Service Insurance Company of Alabama, and all others similarly situated, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 14, 1992.

Attorney(s) appearing for the Case

Don B. Long, Jr., Johnston Barton Proctor Swedlaw & Naff, Birmingham, Ala., Jimmy Alexander, Alexander Corder & Plunk, P.C., Athens, Ala., for plaintiffs-intervenors-appellants.

Warren B. Lightfoot, William R. Lucas, Jr., Lightfoot Franklin White & Lucas, Birmingham, Ala., for Liberty National Life Ins. Co.

Andrew P. Campbell, Shawn Hill Crook, Leitman, Siegal, Payne & Campbell, Birmingham, Ala., for Aubrey Carr & Carr Enterprise Services, Inc.

George R. Stuart, III, Birmingham, Ala., for Funeral Director Class.

Before ANDERSON, Circuit Judge, HILL and ESCHBACH, Senior Circuit Judges.

PER CURIAM:

Appeal is taken from the judgment of the Honorable Myron H. Thompson denying the intervenors' 60(b)(4) motion for relief from judgment. That judgment was accompanied by a detailed memorandum order, Battle v. Liberty Nat'l Life Ins. Co., 770 F.Supp. 1499 (N.D.Ala.1991). We have carefully reviewed the record, Judge Thompson's dispositive order and opinion, and the briefs of counsel. Oral argument was heard in...

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