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GILBERTSON v. STATE FARM MUT. AUTO. INS.

Nos. 85-2776 to 85-2778.

845 F.2d 245 (1988)

Sandra GILBERTSON, Appellant, v. STATE FARM MUTUAL AUTO INS., Appellees. Carol Jean GILBERTSON, Appellant, v. STATE FARM MUTUAL AUTO INS., Appellees. Alvin GILBERTSON, Appellant, v. STATE FARM MUTUAL AUTO INS., Appellees.

United States Court of Appeals, Tenth Circuit.

April 26, 1988.

Attorney(s) appearing for the Case

Karen E. Faulk (Ed Abel with her on the brief) of Abel, Sokolosky & Clark, Oklahoma City, Okl., for plaintiffs/appellants.

Brian M. Dell of Speck & Dell, Oklahoma City, Okl., for defendant/appellee State Farm.

Before SEYMOUR and MOORE, Circuit Judges, and ALDON J. ANDERSON, District Judge.

ALDON J. ANDERSON, District Judge.

The District Court below granted summary judgment to defendant State Farm Mutual Automobile Insurance Company, holding that the plaintiffs' auto accident was beyond the coverage of the uninsured motorist clause in plaintiffs' policy because it did not arise out of the operation, maintenance or use of the uninsured vehicle. Plaintiffs appeal.

The facts of the case are as follows: In late afternoon of December 22, 1982, defendant...

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