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DUCKETT v. ALLSTATE INS. CO.

No. CIV 83-1815-R.

606 F.Supp. 727 (1984)

Mary B. DUCKETT, Plaintiff, v. ALLSTATE INSURANCE COMPANY, a foreign corporation, Defendant and Third Party Plaintiff, v. Dale L. CHEEK, Third Party Defendant.

United States District Court, W.D. Oklahoma.

March 7, 1984.

Attorney(s) appearing for the Case

James F. Self, Jr., Culp, Heath & Sushnik, Oklahoma City, Okl., for plaintiff.

Kenneth R. Webster, McKinney, Stringer & Webster, Oklahoma City, Okl., Michael R. Chaffin, Huckaby, Fleming, Frailey & Chaffin, Chickasha, Okl., Barry R. Davis, Lee, Beuch & Davis, Oklahoma City, Okl., for defendants.

ORDER

DAVID L. RUSSELL, District Judge.

The Plaintiff, Mary B. Duckett, brought this action against her insurer, Allstate Insurance Company, to recover damages suffered in an automobile accident with the third party Defendant, Dale L. Cheek. Duckett has since filed this Motion for Partial Summary Judgment in her favor.

The basis of Duckett's motion is her assertion that a "limits of liability" clause in an automobile insurance policy is unenforceable...

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