Nos. 94-3989, 95-1045.

65 F.3d 741 (1995)

Kathleen QUICK, assignee of Kendrick Wilhite, Appellee, v. NATIONAL AUTO CREDIT, formerly known as Agency Rent-A-Car, Inc., Appellant. Missouri Organization of Defense Lawyers, Amicus Curiae. Enterprise Rent-A-Car, Inc., Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided September 12, 1995.

Rehearing and Suggestion for Rehearing Denied November 2, 1995.

Attorney(s) appearing for the Case

Kenneth Slavens, St. Louis, MO, argued (James B. James and Timothy W. Luft, on the brief), for appellant.

Jeams Newberry, Springfield, MO, argued (Thomas W. Millington, on the brief), for appellee.

Before McMILLIAN, BEAM, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 2, 1995.

BEAM, Circuit Judge.

In July 1992, Kendrick Wilhite was involved in a car accident while driving a vehicle leased to him by Agency Rent-a-Car (Agency). A wrongful death action stemming from the accident was filed against Wilhite. Without an appearance by Wilhite or anyone on his behalf, a default judgment was entered. The wrongful death plaintiffs...


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