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SMITH v. SAFECO INS. CO.

No. 88-4312.

863 F.2d 403 (1989)

Tony J. SMITH, Plaintiff-Appellant, v. SAFECO INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 20, 1989.

Attorney(s) appearing for the Case

David Slaughter, Paul Snow, Jackson, Miss., for plaintiff-appellant.

James D. Holland, Claire G. Mavar, Jackson, Miss., for defendant-appellee.

Before CLARK, Chief Judge, TIMBERS and RUBIN, Circuit Judges.

PER CURIAM:

Tony J. Smith sued his automobile insurance carrier, Safeco Insurance Company of America, seeking underinsured motorist benefits. The district court entered judgment dismissing the action with prejudice on the grounds that the suit was barred by the doctrine of res judicata and that Smith had waived his rights under the insurance policy by releasing the alleged tortfeasor without Safeco's consent or knowledge. We affirm.

Tony Smith was severely...

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