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EQUITABLE LIFE ASSUR. SOCIETY OF U.S. v. STUDENIC

No. 94-9401.

77 F.3d 412 (1996)

EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Plaintiff-Counter-defendant-Appellant, v. Gary S. STUDENIC, Defendant-Counter-claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 13, 1996.

Attorney(s) appearing for the Case

Ronald Louis Reid, Alston & Bird, Atlanta, GA, Andrew McCampbell Gibson, Alston & Bird, Duluth, GA, for Appellant.

Taylor Webb Jones, Linda R. Greer, Jones Brennan & Eastwood, Atlanta, GA, for Appellee.

Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and FAY, Senior Circuit Judge.

FAY, Senior Circuit Judge:

I. BACKGROUND

Gary Studenic became a licensed chiropractor in 1979. He opened his own chiropractic clinic after obtaining his license and by 1984, had opened a second clinic. In 1980 and 1984, Studenic entered into three disability insurance contracts with Equitable Life Assurance Society of the United States ("Equitable"). The first policy provided for payment of $2000 per month should he become disabled from the practice of chiropractic...

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