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EMERY v. STATE FARM MUT. AUTO. INS. CO.

Nos. 40282 and 40283.

239 N.W.2d 798 (1976)

195 Neb. 619

Susan E. EMERY, a minor, by and through Betty Nietfeld and Howard E. Tracy, her guardians, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Foreign Corporation, Appellee (two cases).

Supreme Court of Nebraska.

March 18, 1976.

Attorney(s) appearing for the Case

Knapp, State, Yeagley & Mues, Kearney, for appellant.

Ray C. Simmons, Fremont, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

CLINTON, Justice.

The question in these cases is whether the defendant insurer is liable to the plaintiffs under the uninsured motorist coverage of an automobile liability policy issued to their mother in whose automobile they were passengers when it collided with another vehicle. This question in turn must be answered by determining whether or not the other motorist (the tort-feasor) was uninsured within the meaning of section 60-509.01, R.R.S.1943. The other motorist...

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