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BOUDREAUX v. OPTIMUM INS. CO.

No. 87-4525.

854 F.2d 88 (1988)

Harry BOUDREAUX, Plaintiff-Appellee, Cross-Appellant, v. OPTIMUM INSURANCE COMPANY et al., Continental Insurance Companies and Safeco Insurance Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 11, 1988.

Attorney(s) appearing for the Case

John A. Bivins, Lafayette, La., for Continental Ins. Co.

James R. Shelton, Lafayette, La., for Safeco Ins. Co.

Gordon Hackman, Boutte, La., Leslie Schiff, Opelousas, La., for Harry Boudreaux.

Before RUBIN, GARZA and JONES, Circuit Judges.

GARZA, Circuit Judge:

Boudreaux brings this uninsured motorist claim following a collision on November 22, 1983 with Michael J. Kimble who had limits of $5000 per person and $10,000 per accident. It is undisputed Kimble was responsible for the collision. All issues were tried to the court except for damages on which the jury awarded $200,000.

The collision occurred at the intersection of Interstate 10 and U.S. Highway 167 where Boudreaux was rearended. Boudreaux...

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