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HORACE MANN INS. CO. v. JOHNSON

No. 91-6124.

953 F.2d 575 (1991)

HORACE MANN INSURANCE COMPANY, Plaintiff-Appellant, v. Sean JOHNSON, By and Through his parents and legal guardians Rudy JOHNSON and Susan Johnson; Rudy Johnson and Susan Johnson, individually; Candy Crittenden, Defendants-Appellees, The Oklahoma Association of Defense Counsel; Aetna Casualty and Surety Company; Farmers Insurance Company, Inc.; Hanover Insurance Company; and Shelter Insurance Company, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 17, 1991.

Attorney(s) appearing for the Case

Mort G. Welch and Norman Lemonik of Abowitz & Welch, Oklahoma City, Okl., for plaintiff-appellant.

Ronald A. Schaulat and Michael H. Brady, Oklahoma City, Okl., and Danny B. Nichols, Midwest City, Okl., for defendants-appellees.

Scott M. Rhodes, Gerald P. Green, and Larry G. Cassil, Jr. of Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, Okl., for amici curiae.

Before ANDERSON, BARRETT and BRORBY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff Horace Mann Insurance Company appeals the district court's decision declining to exercise jurisdiction over an action Horace Mann instituted...

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