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MOSES v. HALSTEAD

Nos. 08-3088, 08-3199.

581 F.3d 1248 (2009)

Shelby MOSES, Plaintiff-Appellant, v. Chris HALSTEAD, Defendant, and Allstate Insurance Company, Garnishee-Appellee.

United States Court of Appeals, Tenth Circuit.

September 8, 2009.

Attorney(s) appearing for the Case

William J. Pauzauskie of Topeka, KS, for Plaintiff-Appellant.

Barrett J. Vahle (Curtis E. Woods with him on the brief), of Sonnenschein Nath & Rosenthal LLP, Kansas City, KS, for Garnshiee-Appellee.

Before MURPHY, SEYMOUR, and TYMKOVICH, Circuit Judges.

SEYMOUR, Circuit Judge.

Shelby Moses brings this appeal, asserting that the district court erred in its choice-of-law and state-law determinations. Ms. Moses requested a garnishment order, in Kansas, against Allstate Insurance Company ("Allstate") for its alleged negligent or bad faith refusal to settle Ms. Moses' claim against Chris Halstead, Allstate's insured. The district court found for Allstate, concluding that Missouri law applies and requires an actual assignment...

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