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SWAN v. ESTATE OF MONETTE

No. 18921.

400 F.2d 274 (1968)

Henry A. SWAN and Peggy Ann Swan, Appellants, v. ESTATE of Robert Roseman MONETTE by Ollie Monette, Administratrix, Appellee.

United States Court of Appeals Eighth Circuit.

August 14, 1968.

Attorney(s) appearing for the Case

Glenn G. Glasgow, of Thice, Titus, Glasgow & Johnson, Independence, Mo., for appellants; Daily & Woods, Fort Smith, Ark., were on the brief with the firm of Thice, Titus, Glasgow & Johnson, Independence, Mo.

G. Byron Dobbs, of Dobbs, Pryor & Shaver, Fort Smith, Ark., for appellee; Nabors Shaw, Mena, Ark., was on the brief with the firm of Dobbs, Pryor & Shaver, Fort Smith, Ark.

Before VOGEL, Senior Circuit Judge, LAY, Circuit Judge, and BECKER, Chief District Judge.

PER CURIAM.

Plaintiffs-appellants appeal from an order sustaining defendant-appellant's motion for summary judgment and dismissing the complaint. The issue raised is whether the fact that the decedent carried a policy of liability insurance on his automobile excuses plaintiffs' failure to comply with the Arkansas non-claims statute in pursuing their cause of action against decedent's estate. Arkansas has no direct action statute which could cover the situation herein...

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