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JOHNSTON v. SAFECO INS. CO. OF AMERICA

No. 82-4504.

727 F.2d 548 (1984)

Robert F. JOHNSTON, Bonnie Johnston and Katherine Jordan, a Minor, Plaintiffs-Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 23, 1984.

Attorney(s) appearing for the Case

George P. Collier, Memphis, Tenn., Peggy A. Jones, Holly Springs, Miss., for plaintiffs-appellants.

K.R. Shuttleworth, Memphis, Tenn., Dan W. Webb, Oxford, Miss., for defendant-appellee.

Before CLARK, Chief Judge, GARZA and JOLLY, Circuit Judges.

PER CURIAM.

The district court granted summary judgment to the defendant, Safeco Insurance Co. of America (Safeco). Because a genuine issue remained as to a material fact, we vacate the judgment appealed from.

On June 21, 1980, plaintiffs Robert F. Johnston, Bonnie Johnston and Katherine Jordan were riding in Mr. Johnston's automobile when it was struck by two uninsured vehicles. All three were injured and required medical care. Mr. Johnston's auto was insured...

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