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GOVERNMENT EMPLOYEES INSURANCE COMPANY v. WINETEER

No. 10135.

409 F.2d 1333 (1968)

GOVERNMENT EMPLOYEES INSURANCE COMPANY, a Corporation, Appellant, v. Michael T. WINETEER; Floyd H. Funston and Clara M. Funston, his wife; Luther G. Lady and Mildred L. Lady, his wife, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 20, 1969.

Attorney(s) appearing for the Case

Lawrence J. Nelson and James E. Benfer, Topeka, Kan. (Harold E. Doherty, Topeka, Kan., with them on the brief), for appellant.

Howard Harper, Junction City, Kan. (John P. Dieter, Abilene, Kan., Lee Hornbaker, Richard F. Waters, Bob Abbott, Junction City, Kan., with him on the brief), for appellees.

Before LEWIS, SETH and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

This is a declaratory judgment action brought by plaintiff-appellant, Government Employees Ins. Co., against defendant-appellees. The appellees are the Funstons, the Ladys, and Michael T. Wineteer, the son of the deceased insured. The Funstons and the Ladys were injured in a motor vehicle accident, in which insured's son and the vehicle in question were involved. The accident occurred approximately four months after the insured's death. The...

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