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AUSTIN MUT. INS. CO. v. KING

No. 93-2410.

29 F.3d 385 (1994)

AUSTIN MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Deborah KING; Robert King, Individually and as Guardian Ad Litem for Amber King, a minor, and as Special Administrator of the Estate of Aaron King; Sheila Michels, Individually and as Special Administrator of the Estate of Christopher Lee Michels, and as Special Administrator of the Estate of Jasmine Elaine Miller, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1994.

Attorney(s) appearing for the Case

John C. Sogn, Sioux Falls, SD, argued (Dean Nasser, Jr., and R. Alan Peterson, Sioux Falls, SD, on the brief, for all appellants as counsel for appellants King; Thomas M. Issenhuth, on the brief, of appellants as counsel, for appellants Michels), for appellants.

Cheryle M. Wiedmeier, Sioux Falls, SD, argued, for appellee.

Before MAGILL, Circuit Judge, HEANEY and JOHN R. GIBSON, Senior Circuit Judges.

JOHN R. GIBSON, Senior Circuit Judge.

This appeal arises from the district court's entry of summary judgment in favor of Austin Mutual Insurance Company regarding Austin Mutual's obligation to pay underinsured motorist benefits after an automobile accident involving six persons. The individuals involved in the accident, or the estates of those who died, and the husband of one occupant of the vehicle recovered the policy limit of $100,000 under the tortfeasor's liability...

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