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ROY v. STATE FARM MUT. AUTO. INS. CO.

No. 89-5625.

954 F.2d 392 (1992)

Nelva ROY, Administratrix of the Estate of W.T. Roy, deceased; Raymond Tarter; and Nelda Tarter, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and Capital Enterprise Insurance Company, Defendants-Appellees, David Birchfield and Warren Goode, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1992.

Rehearing Denied February 26, 1992.

Attorney(s) appearing for the Case

Richard Hay (argued and briefed), Somerset, Ky., for plaintiffs-appellants.

David Birchfield, pro se.

John F. Kelley, Jr. (argued and briefed), J. Warren Keller, Farmer, Keller & Kelley, London, Ky., Gary Garrison, James C. Hickey (briefed), MacKenzie & Peden, Louisville, Ky., for defendants-appellees.

Larry Deener, Landrum & Shouse, Lexington, Ky., for defendants.

Before JONES and NELSON, Circuit Judges, and PECK, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

This litigation arises out of a head-on motor vehicle collision in which one of the drivers was killed and his passenger and the other driver were seriously injured. The decedent's administratrix and the injured passenger and his wife have sued their own automobile insurance carriers. The plaintiffs contend that their policies entitle them to be paid for their uncompensated damages because, although the driver who caused the accident...

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