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WISE v. WESTCHESTER FIRE INSURANCE COMPANY

No. 71-1152.

463 F.2d 386 (1972)

W. Virgil WISE and Anita Wise, Plaintiffs-Appellees, v. WESTCHESTER FIRE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 13, 1972.

Attorney(s) appearing for the Case

James B. Zongker, of Render, Kamas & Kelly, Wichita, Kan., for plaintiffs-appellees.

Darrell D. Kellogg of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan. (Larry A. Withers, Wichita, Kan., with him on the brief), for defendant-appellant.

Before MURRAH, SETH and BARRETT, Circuit Judges.

MURRAH, Circuit Judge.

This diversity action was brought by Mr. and Mrs. Virgil Wise of Kansas, to recover damages due under the uninsured motorist coverage allegedly provided in a policy of insurance issued to Mr. Wise by Westchester Fire Insurance Company, a New York corporation. Mrs. Wise was the natural mother and Mr. Wise the stepfather of Ricky Eugene McCowan, who died as a result of being struck by an automobile driven by an uninsured motorist during the time...

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