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LOMAX v. NATIONWIDE MUT. INS. CO.

No. 91-3694.

964 F.2d 1343 (1992)

Walter LOMAX, Sr., Administrator of the Estate of Walter Lomax, Jr., Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided May 18, 1992.

Attorney(s) appearing for the Case

Eliot Alazraki (argued), Gary S. Nitsche, Wilmington, Del., for appellant.

Mason E. Turner, Jr. (argued), Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., for appellee.

Before: GREENBERG, SCIRICA, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This diversity suit raises a question of first impression under the laws of Delaware relating to the right of a motorist to recover from his uninsured motorist (UM) carrier, notwithstanding a prior receipt of benefits from another source. Appellant Walter Lomax, Sr. instituted an action as administrator of his decedent son's estate in the United States District Court for the District of Delaware against Nationwide...

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