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BAXTER BY AND THROUGH BAXTER v. LYNN

No. 88-2647.

886 F.2d 182 (1989)

Christopher BAXTER, a minor, By and Through his Next Friend and Mother, Sandra BAXTER and Sandra Baxter, Appellant, v. Charlene F. LYNN and Allstate Insurance Company and, Central States, Southeast and Southwest Areas Health and Welfare Fund, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 22, 1989.

Rehearing and Rehearing Denied November 7, 1989.

Attorney(s) appearing for the Case

James K. Blickhan, Kansas City, Mo., for appellant.

Anita M. D'Arcy, Chicago, Ill., for appellee.

Before BEAM, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied November 7, 1989.

HEANEY, Senior Circuit Judge.

Christopher Baxter and his mother, Sandra Baxter, appeal from an order of the district court granting summary judgment in favor of Central States, Southeast and Southwest Areas Health and Welfare Fund (the Fund). We affirm in part and reverse in part.

BACKGROUND

In 1985, Christopher Baxter, a passenger in his grandmother...

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