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RUSSELL v. AMERICAN STATES INS. CO.

No. 84-2749.

813 F.2d 306 (1987)

Gerry RUSSELL, Administratrix of the Estate of Billy Russell, deceased, and Oklahoma Farmers Union Mutual Insurance Company, Plaintiffs-Appellants, v. AMERICAN STATES INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 5, 1987.

Attorney(s) appearing for the Case

Bruce V. Winston of Stewart & Elder, Oklahoma City, Okl. (A.T. Elder, Jr., of Stewart & Elder, Oklahoma City, Okl., and Richard E. Butner of Butner & Butner, Wewoka, Okl., on the briefs), for plaintiffs-appellants.

Henry F. Featherly of Lamun Mock Featherly Baer & Timberlake, Oklahoma City, Okl., for defendant-appellee.

Before LOGAN and MOORE, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM.

This appeal presents the question whether under Oklahoma law, the estate of a passenger fatally injured in an automobile accident is entitled to recover under the uninsured motorist provisions of insurance policies issued to the vehicle's driver and to the owner where the decedent's injuries exceed the limits of liability coverage under the policies. The driver and the owner were insured under separate policies by appellee American States Insurance Company...

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