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KIRKENDALL v. HARBOR INS. CO.

Civ. No. 87-2033.

698 F.Supp. 768 (1988)

Ann KIRKENDALL, Individually and as Personal Representative of the Estate of Dee Franklin Kirkendall, Deceased, Plaintiff, v. HARBOR INSURANCE COMPANY, Defendant.

United States District Court, W.D. Arkansas, Fort Smith Division.

October 21, 1988.

Attorney(s) appearing for the Case

Sam Sexton, Jr., Sexton, Kirkpatrick, Nolan, Van Winkle & Caddell, Fort Smith, Ark., for plaintiff.

Robert L. Henry, III, Little Rock, Ark., for defendant.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

I. Introduction

This action was initiated by plaintiffs, Dee Franklin Kirkendall and Ann Kirkendall, against Blood Systems, Inc. (BSI) on February 26, 1987. Jurisdiction is founded upon diversity of citizenship.

Plaintiff alleged that BSI is a non-profit corporation engaged in the business of supplying blood to various medical and hospital entities. In Arkansas, BSI operates under...

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