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STEPHENS v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 74-1770.

508 F.2d 1363 (1975)

John T. STEPHENS, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 1975.

Attorney(s) appearing for the Case

Louis E. McCarter, Houston, Tex., for defendant-appellant.

David A. Gibson, Houston, Tex., for plaintiff-appellee.

Before RIVES, GODBOLD and GEE, Circuit Judges.

GEE, Circuit Judge:

This is a diversity case. The applicable law is that of the State of Texas. Uninsured motorist coverage is the subject of our inquiry.

On December 7, 1969, Mr. and Mrs. John T. Stephens, while riding in a car owned and being driven by Mrs. Stephens, were involved in an accident with an uninsured motorist. As a result of the accident, which was the fault of the uninsured motorist, Mrs. Stephens was killed and Mr. Stephens severely injured...

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