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ESTATE OF BEINHAUER v. AETNA CAS. & SUR. CO.

No. 89-4489.

893 F.2d 782 (1990)

ESTATE OF Thomas William BEINHAUER, Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY, A Connecticut Corporation, et al., Defendants, Nationwide Mutual Insurance Company, An Ohio Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 7, 1990.

Attorney(s) appearing for the Case

Ben F. Galloway, Owen, Galloway & Clark, Gulfport, Miss., for plaintiff-appellant.

Floyd G. Hewitt, Jr., Compton, Crowell & Hewitt, Biloxi, Miss., for defendant-appellee.

Before CLARK, Chief Judge, POLITZ and WILLIAMS, Circuit Judges.

CLARK, Chief Judge:

I.

The Estate of Thomas W. Beinhauer (the Estate) appeals the district court's grant of summary judgment in favor of Nationwide Mutual Insurance Company (Nationwide) in this declaratory judgment action seeking to establish coverage under an automobile insurance policy. Because genuine issues of material fact render summary judgment inappropriate, we reverse and remand.

II.

Harold Beinhauer (Beinhauer) was insured under...

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