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BURKS v. COLONIAL LIFE & ACCIDENT INS. CO.

Civ. No. 809.

98 F.Supp. 140 (1951)

BURKS v. COLONIAL LIFE & ACCIDENT INS. CO.

United States District Court M. D. Georgia, Macon Division.

May 29, 1951.

Attorney(s) appearing for the Case

Wallace Miller, Jr., and Miller, Miller & Miller, all of Macon, Ga., J. J. Flynt, Jr., Griffin, Ga., for plaintiff.

R. L. Anderson, Jr., Albert P. Reichert, Chas. W. Walker, and Anderson, Anderson & Walker, all of Macon, Ga., for defendant.

DAVIS, Chief Judge.

The undisputed facts of this case, as disclosed by the pleadings and the affidavits filed in connection with the motions for summary judgment here under consideration, are, as follows:

On November 15, 1949, David Halsey Burks filed an application for an accident insurance policy with G. C. Pool, general agent of the Colonial Life & Accident Insurance Company, defendant herein, and gave said Pool a check in the amount of the first monthly...

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