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FARMERS INS. CO. v. PERSONAL REP. OF MITCHELL

Civ. No. 88-2100.

755 F.Supp. 255 (1989)

FARMERS INSURANCE COMPANY, INC., MISSION, KANSAS, Plaintiff, v. The PERSONAL REPRESENTATIVE OF Carnarvus MITCHELL, Deceased, the Personal Representative of Antonio Jones, Deceased, Octavous Benton, Lois Jones, Jean Evelyn Jones, Lorenzo Jones, Ray Keaton, Holt-Krock Clinic of Fort Smith, Arkansas, Lienholder for Lois Rena Jones, Holt-Krock Clinic, Fort Smith, Arkansas, Lienholder for Octavous Benton, Jerry Hackworth, and Louis W. Sullivan, M.D., Secretary of the United States Department of Health and Human Services (Medicare Services), Defendants.

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

April 14, 1989.

Attorney(s) appearing for the Case

Robert L. Jones, III, Jones, Gilbreath, Jackson & Moll, Fort Smith, Ark., for plaintiff.

Mark W. Webb, Asst. U.S. Atty., Fort Smith, Ark., Gayla Fuller, Emmitt Roberts, Mark S. Kennedy, Office of General Counsel, Dept. of Health & Human Services, Dallas, Tex., for Otis R. Bowen, M.D.

Rex Terry, Hardin, Jesson & Dawson, Fort Smith, Ark., for Holt-Krock Clinic.

Gary R. Cottrell, Van Buren, Ark., for the personal representative of Carnarvus Mitchell, deceased, the personal representative of Antonio Jones, deceased, Lois Jones, Jean Evelyn Jones and Ray Keaton.

G. Alan Wooten, Warner and Smith, Fort Smith, Ark., for Sparks Regional Medical Center.

David Maddox, Mena, Ark., Mark Hewett, Douglas, Hewett & Shock, Fort Smith, Ark., for Octavous Benton.

MEMORANDUM OPINION

MORRIS SHEPPARD ARNOLD, District Judge.

On July 21, 1986, a vehicle driven by defendant Jerry Hackworth and insured by plaintiff collided with a vehicle driven by defendant Jean Evelyn Jones and occupied by the other individual defendants in this case. Carnarvus Mitchell and Antonio Jones were killed in the accident, and their estates request compensation for funeral expenses. Additionally, defendants Lois Rena Jones, Ray Keaton, and Octavous...

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