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DOE v. JACKSON NAT. LIFE INS. CO.

Civil Action No. 3:92-cv-225WS.

944 F.Supp. 488 (1995)

Jane DOE, Individually and as Administratrix of the Estate of John Doe, Plaintiff, v. JACKSON NATIONAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. Mississippi, Jackson Division.

September 29, 1995.

Attorney(s) appearing for the Case

John R. Brautigam, Donovan, Leisure, Newton & Irvine, Washington, DC, David R. Jewell, Joan M. Howe, Donovan, Leisure, Newton & Irvine, New York City, Bobby L. Dallas, Scanlon, Sessums, Parker & Dallas, Jackson, MS, for Jane Doe.

Dudley Collier Graham, Jr., Eugene R. Naylor, Shell, Buford, Bufkin, Callicutt & Perry, Jackson, MS, for Jackson Nat. Life Ins. Co.

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Both the plaintiff and defendant herein contend that under the undisputed facts each is entitled to a judgment against the other. Defendant Jackson National Life Insurance (hereinafter "JNL") has submitted alternative motions under Rules 12(b)(6)1 and 56(b),2 Federal Rules of Civil Procedure, respectively, asking this court to dismiss plaintiff...

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