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GARRIS v. PIONEER LIFE INS. CO. OF ILLINOIS

Civ. A. No. 91-0110-RV.

768 F.Supp. 335 (1991)

Edward GARRIS and Joyce Garris, Plaintiffs, v. PIONEER LIFE INSURANCE COMPANY OF ILLINOIS, a stock company; American Small Business Association, a corporation; National Group Marketing, a corporation; and Errol Robinson, an individual, separately and severally, Defendants.

United States District Court, S.D. Alabama, S.D.

June 11, 1991.

Attorney(s) appearing for the Case

James H. Frost, Mobile, Ala., Gordon K. Howell, Chatom, Ala., for plaintiffs.

Davis Carr, James W. Lampkin, II, Mobile, Ala., for defendants.

ORDER

VOLLMER, District Judge.

This matter is before the court on defendants' "motion to dismiss" and the brief submitted in support thereof (tabs 3 and 4), and on plaintiffs' brief in opposition thereto (tab 5). Essentially, defendants' request the court to dismiss count two of plaintiffs' complaint for failure to state a claim upon which relief may be granted. After due and proper consideration, the court concludes that defendants' motion is due to be...

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