QUINONES v. PENNSYLVANIA GENERAL INS. CO.

Nos. 85-1665, 85-1680.

804 F.2d 1167 (1986)

Lubin QUINONES, Plaintiff-Appellant, v. PENNSYLVANIA GENERAL INSURANCE COMPANY, Defendant-Appellee. Lubin QUINONES, et al, Plaintiffs-Appellees, v. PENNSYLVANIA GENERAL INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. William G. MOWAD, Third-Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 10, 1986.


Attorney(s) appearing for the Case

Norman E. Todd (Keith S. Burn with him on the brief) of Keith S. Burn, P.A., Las Cruces, N.M., for plaintiff-appellant.

Neil E. Weinbrenner of Weinbrenner, Richards, Paulowsky & Sandenaw, P.A., Las Cruces, N.M., for defendant-appellee and defendant-third-party plaintiff-appellant.

Temple B. Ingram, Jr. of Studdard, Melby, Schwartz, Crowson & Parrish, El Paso, Tex., for third-party defendant-appellee.

Before BARRETT, McKAY and TACHA, Circuit Judges.


McKAY, Circuit Judge.

I. Facts

The plaintiff, Lubin Quinones, a resident of Dona Ana County, New Mexico, filed this action on an uninsured motorist policy issued by the defendant, Pennsylvania General Insurance Company (Penn General), a corporation organized under the laws of Pennsylvania, in the District Court of Dona Ana County, New Mexico. The action arose out of a claim for damages from an automobile collision occurring in El Paso, Texas, between...

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