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PERKINS v. INSURANCE CO. OF NORTH AMERICA

No. 85-4753.

799 F.2d 955 (1986)

H.G. PERKINS, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 12, 1986.

Attorney(s) appearing for the Case

Jim Brantley, Snow & Brantley, Paul Snow, Jackson, Miss., for plaintiff-appellant.

David H. Nutt, Susan Fowler Brown, Jackson, Miss., for defendant-appellee.

Before GARWOOD and HILL, Circuit Judges, and WILL, District Judge.

GARWOOD, Circuit Judge:

In this Mississippi law diversity case, the district court granted defendant-appellee Insurance Company of North America's (INA) motion for summary judgment, holding that under Miss. Code Ann. § 83-11-101(1) plaintiff-appellant H.G. Perkins, a passenger in his employer's truck who was injured in an accident while both the co-employee uninsured driver and Perkins were acting within the course of their employment, was not entitled to uninsured...

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