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

No. 78-2005.

601 F.2d 1151 (1979)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellant, v. A. L. SCHOLES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 24, 1979.

Attorney(s) appearing for the Case

Glenn C. Hanni and Robert A. Burton of Strong & Hanni, Salt Lake City, Utah, for plaintiff-appellant.

Matias A. Zamora, Santa Fe, N.M., C. R. Henriksen, Salt Lake City, Utah, and Lynn W. Mitton, Roosevelt, Utah, for defendant-appellee.

Before McWILLIAMS, BARRETT and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

State Farm Mutual Automobile Insurance Company (State Farm) appeals from an order of the district court dismissing its declaratory relief action against A. L. Scholes (Scholes) without prejudice.

On January 10, 1971, Marita Watchman (Watchman) was injured in an accident which occurred when Scholes backed up his pickup truck while Watchman, in the company of her grandmother, was attempting to board the pickup truck from the rear...

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