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DOWNING v. TRAVELERS INS. CO.

No. 14645.

691 P.2d 375 (1984)

107 Idaho 511

Marilyn A. DOWNING, Individually and as personal representative of the estate of Michael Anthony Downing, deceased, Plaintiff-appellant, v. The TRAVELERS INSURANCE COMPANY, a corporation, Defendant-respondent, and Burlington Northern, Inc., a corporation; Camas Prairie Railroad Company, a corporation; and JOHN DOE, a corporation, Defendants.

Supreme Court of Idaho.

Rehearing Denied December 13, 1984.

Attorney(s) appearing for the Case

William V. McCann, Jr., Lewiston, and John C. Hoyt, Great Falls, Mont., for plaintiff-appellant.

Robert P. Brown, Lewiston, and Michael C. Geraghty, Spokane, Wash., for defendant-respondent.

BAKES, Justice.

Plaintiff has appealed the district court's grant of summary judgment to the defendant, the Travelers Insurance Company. The issues presented are: (1) whether plaintiff is a third party beneficiary of an insurance policy between plaintiff's deceased husband's employer and defendant, and (2) whether the district court had jurisdiction to hear the case as opposed to the exclusive jurisdiction given to the Railway Adjustment Board by the Federal Railway...

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