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CURRY v. VANGUARD INS. CO.

Nos. 89-5259, 89-5398.

923 F.2d 484 (1991)

Roger D. CURRY, Plaintiff-Appellant (89-5259), Plaintiff (89-5398), United States of America, Intervening Plaintiff-Appellant (89-5398), v. VANGUARD INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1991.

Attorney(s) appearing for the Case

Bart Adams, Paula Ann Bierley (argued), Louisville, Ky., for plaintiff-appellant, plaintiff.

Bernard D. Leachman, Jr. (argued), Louisville, Ky., for defendant-appellee.

Joseph M. Whittle, U.S. Atty., Suzanne M. Warner, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Louisville, Ky., for intervening plaintiff-appellant.

Before JONES and RYAN, Circuit Judges, and WISEMAN, Chief District Judge.

RYAN, Circuit Judge.

Plaintiff Roger Dale Curry and intervening plaintiff United States appeal an adverse summary judgment with respect to a claim against defendant Vanguard Insurance Company for insurance proceeds. The only issue on appeal is whether pursuant to Ky.Rev.Stat.Ann. § 413.310 (Baldwin 1979), Curry's incarceration tolled the running of a one-year limitations period created by an insurance contract. We conclude...

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