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LAMB v. MIDWEST MUTUAL INSURANCE COMPANY

No. 19717.

421 F.2d 179 (1970)

Richard LAMB, a Minor, by Mrs. Ed. Hanson, His Mother and Next Friend, Appellant, v. MIDWEST MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

February 2, 1970.

Attorney(s) appearing for the Case

Donald Joe Adams of Fitton, Meadows & Adams, Harrison, Ark., for appellant.

Gordon S. Rather, Jr., of Wright, Lindsey & Jennings, Little Rock, Ark., for appellee.

Before VAN OOSTERHOUT, Chief Judge, and BLACKMUN and HEANEY, Circuit Judges.

PER CURIAM.

This is a timely appeal by plaintiff Lamb, a minor by his next friend, from final judgment sustaining the motion of the defendant insurer for summary judgment of dismissal. Jurisdiction, based upon diversity of citizenship and the requisite amount, is present.

There is no dispute as to the material facts. Plaintiff obtained insurance upon his motorcycle from defendant. Defendant offered uninsured motorist protection for an additional premium, as...

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