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HALLMAN v. PENNSYLVANIA LIFE INS. CO.

No. CV 81-P-1890-W.

536 F.Supp. 745 (1982)

Frank J. HALLMAN, Plaintiff, v. PENNSYLVANIA LIFE INSURANCE COMPANY, a corporation, Defendant.

United States District Court, N. D. Alabama, W. D.

April 19, 1982.

Attorney(s) appearing for the Case

W. Harold Albritton, III, Albritton & Givhan, Andalusia, Ala., for plaintiff.

John A. Owens, Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, Ala., for defendant.

MEMORANDUM OF OPINION

POINTER, Chief Judge.

Presented for decision by defendant's motion for summary judgment is the question as to the effect for res judicata purposes of a class member's failure to receive the notice mailed to him pursuant to Rule 23(c)(2), F.R.Civ.P.

Plaintiff Hallman filed this action in October 1981, claiming to have only recently discovered that defendant Pennsylvania Life* in 1964 had misrepresented...

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