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KANSAS STATE BANK & TRUST CO. v. OLD AMERICAN INS. CO.

No. 73-1401.

491 F.2d 307 (1974)

The KANSAS STATE BANK AND TRUST COMPANY, Conservator of the Estate of Leon Cornell Van Vessum, a minor, Plaintiff-Appellee, v. OLD AMERICAN INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 5, 1974.

Attorney(s) appearing for the Case

Jack Peggs of Smith, Shay, Farmer & Wetta, Wichita, Kan., for plaintiff-appellee.

J. L. Weigand, Jr., of Weigand, Curfman, Brainerd, Harris & Kaufman, Wichita, Kan., for defendant-appellant.

Before SETH, ALDISERT, and DOYLE, Circuit Judges.

ALDISERT, Circuit Judge.

Presented in this diversity action, controlled by principles of Kansas law, is the question of whether an insurance policy providing for loss by "being struck or run over by any automobile" covers a loss sustained by being struck by a motorcycle. Having acquired jurisdiction after removal from the state court at the behest of the insurance company, the district court, on stipulated facts, interpreted the policy, found coverage to exist and...

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