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MARTIN v. EQUITABLE LIFE ASSUR. SOC.

No. 00-1051.

40 S.W.3d 733 (2001)

344 Ark. 177

Larry Cecil MARTIN v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES.

Supreme Court of Arkansas.

March 15, 2001.

Attorney(s) appearing for the Case

Streetman & Meeks, by Thomas S. Streetman, Crossett, for appellant.

Huckaby Scott & Dukes, P.C., by James C. Huckaby, Jr., Carter H. Dukes, and M. Brent Yarborough, Birmingham, AL, for appellee.

JIM HANNAH, Justice.

Larry Cecil Martin filed a petition for declaratory judgment in Ashley County Chancery Court for a declaratory judgment that the life insurance policy he purchased in 1984 contained the same benefits the insurance agent promised him in 1984. The trial court granted a motion to dismiss under Ark. R. Civ. P. 12(b)(6) finding that the five-year statute of limitations in Ark. Code Ann. § 16-56-111 (Supp.1999) was applicable. Martin alleges the...

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