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KNIGHT v. INSURANCE CO. OF NORTH AMERICA

No. 79-1557.

647 F.2d 127 (1981)

Robert J. KNIGHT, Sr., Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 30, 1981.

Attorney(s) appearing for the Case

Eldon L. Hagan, Kansas City, Kan., for plaintiff-appellant Robert J. Knight, Sr.

Joseph A. Sherman, Kansas City, Mo. (Linda L. Parker, of Jackson & Sherman, Kansas City, Mo., and Clifford T. Mueller of Rushfelt, Mueller, Lamar, Druten & Moran, Overland Park, Kan., with him on the brief), for defendant-appellee.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Robert J. Knight, Sr., appeals from a district court summary judgment order dismissing his diversity suit against Insurance Company of North America (INA).

On May 2, 1973, Knight, while driving a vehicle of his employer, Garrett-Holmes & Company, Inc., was injured in a collision with an uninsured motorist. His employment was covered by the workmen's compensation law of Kansas, and he received $16,043.63 from INA, the workmen's compensation...

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