U.S. v. UNITED SERVICES AUTO. ASS'N

No. 91-3236.

968 F.2d 1000 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant-Appellant. National Association of Independent Insurers, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 29, 1992.


Attorney(s) appearing for the Case

Lee Thompson, U.S. Atty., and Stephen K. Lester, Asst. U.S. Atty., Wichita, Kan., for plaintiff-appellee.

Paul Hasty, Jr. and D'Ambra M. Howard, of Wallace, Saunders, Austin Brown and Enochs, Chartered, Overland Park, Kan., for defendant-appellant.

Michael A. Rouse, of Baker & Sterchi, Overland Park, Kan., and Thomas N. Sterchi and Phillip C. Rouse, of Baker & Sterchi, Kansas City, Mo., filed amicus curiae brief for the National Ass'n of Independent Insurers.

Before EBEL and BARRETT, Circuit Judges, and KANE, Senior District Judge.


KANE, Senior District Judge.

Defendant appeals from the district court's Memorandum and Order granting Plaintiff's motion for judgment on the pleadings. See Fed.R.Civ.P. 12(c).1 Defendant argues that the district court erred in holding that Plaintiff is a third-party beneficiary under the personal injury protection coverage of an insurance policy issued by Defendant pursuant to the Kansas Automobile Injury Reparations Act, Kan.Stat...

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