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BRAUN v. ANNESLEY

No. 89-6435.

936 F.2d 1105 (1991)

Joseph G. BRAUN, Plaintiff-Appellant, v. Harvey ANNESLEY; Joe E. Bradley, Sr.; O.F. Bailey; Joe E. Bradley, Jr., Defendants, Tri-State Insurance Company, Garnishee-Appellee.

United States Court of Appeals, Tenth Circuit.

June 18, 1991.

Attorney(s) appearing for the Case

A. Daniel Woska of Naifeh & Woska, Oklahoma City, Okl. (James W. Berry of Kerr, Irvine & Rhodes, Oklahoma City, Oklahoma, and Howard K. Berry, III, of Naifeh & Woska, Oklahoma City, Okl., with him on the briefs), for plaintiff-appellant.

Jimmy Wayne Lee (Manville T. Buford, with him on the brief) of Lee, Beuch, Buford, Durocher & Mauritson, Oklahoma City, Okl., for garnishee-appellee.

Before McKAY, ANDERSON, and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

Joseph G. Braun appeals the district court's grant of summary judgment to Tri-State Insurance Company. Jurisdiction over this matter is based on diversity of citizenship under 28 U.S.C. § 1332(a)(1) (1988).

I.

This garnishment action arises from an accident on an Oklahoma state highway in October 1981. Appellant was a passenger in the back seat of an automobile that collided with...

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