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ALACARE HOME HEALTH SERVICES v. PRUDENTIAL INS.

Civil Action No. 96-C-1613-N.

957 F.Supp. 208 (1997)

ALACARE HOME HEALTH SERVICES, INC., Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

March 4, 1997.

Attorney(s) appearing for the Case

Ronald Otto Gaiser, Jr., Gaiser & Associates, P.C., Birmingham, AL, for Alacare Home Health Services, Inc.

M. Christian King, Wynn Miles Shuford, Lightfoot, Franklin & White, L.L.C., Birmingham, AL, for Prudential Ins. Co. of America.

Clarence M. Small, Jr., Rives & Peterson, Birmingham, AL, for James Holland Powell, Jr.

ORDER

CARROLL, United States Magistrate Judge.

On September 17, 1996, plaintiff, Alacare Home Health Services, Inc. ("Alacare"), commenced this action in the Circuit Court of Chilton County, Alabama, against The Prudential Insurance Company of America ("Prudential"), James Holland Powell and several fictitious entities.1 Alacare alleged causes of action in misrepresentation, suppression of material facts and breach of...

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