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STICKNEY v. SMITH

No. 81-3561.

693 F.2d 563 (1982)

Robert L. and Ruth STICKNEY, Plaintiffs-Appellants, v. Benjamin H. SMITH and State Farm Mutual Automobile Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 14, 1982.

Attorney(s) appearing for the Case

Homer C. Singleton, Jr., Lake Charles, La., for plaintiffs-appellants.

Robert W. Clements, Robert Dampf, Lake Charles, La., for defendants-appellees.

Before RUBIN and JOHNSON, Circuit Judges, and VERON, District Judge.

ALVIN B. RUBIN, Circuit Judge:

The sole issue in this diversity case is whether Louisiana or Michigan law applies in determining the coverage limits provided by an insurance policy issued by an agent in Michigan to cover a driver who was on duty with the United States Army in Louisiana. We conclude that Louisiana law applies and, therefore, that the district court erred in denying the plaintiffs' motion for partial summary judgment which was predicated on the application...

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