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OSGOOD v. STATE FARM MUT. AUTO. INS. CO.

No. 86-1427.

848 F.2d 141 (1988)

Patricia M. OSGOOD, Administratrix With-Will-Annexed of the Estates of Delbert A. Stroud and Gertrude Evelyn Stroud, Deceased, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 26, 1988.

Attorney(s) appearing for the Case

Kevin D. Buchanan (Denzil D. Garrison, with him on the brief), Garrison, Brown, Carlson & Buchanan, Bartlesville, Okl., for plaintiff-appellant.

Joseph F. Glass of Best, Sharp, Thomas, Glass & Atkinson (Joseph A. Sharp; and Jody R. Nathan of Thomas, Glass, Atkins, Haskins, Nellis & Boudreaux, with him on the brief), Tulsa, Okl., for defendant-appellee.

Before MOORE and BALDOCK, Circuit Judges, and O'CONNOR, District Judge.

EARL E. O'CONNOR, District Judge.

Appellant, Patricia M. Osgood, appeals from a district court order granting a motion for partial summary judgment filed by the appellee, State Farm Mutual Automobile Insurance Company [hereinafter "State Farm"]. Count II of the appellant's complaint, which alleged fraud and requested punitive damages, was dismissed on the ground that it failed to state a cognizable claim under Kansas law. On appeal, the appellant contends that the...

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