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

No. 95-2087.

86 F.3d 1007 (1996)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Plaintiff-Appellee, v. Edmond BLYSTRA; Barbara Blystra, individually and as parent and natural guardian of Kevin Blystra, a minor, Defendants and Third-Party Plaintiff-Appellants, v. FARMERS INSURANCE COMPANY OF ARIZONA, Third-Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 18, 1996.

Attorney(s) appearing for the Case

Thomas L. Grisham of Grisham & Lawless, P.A., Albuquerque, New Mexico, for Appellants.

James E. Lieuwen of Pelton & O'Brien, P.A., Albuquerque, New Mexico, for Farmers Insurance Company of Arizona, and Rudolph Lucero (Terri L. Sauer with him on the brief) of Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, New Mexico, for State Farm Mutual Automobile Insurance Company.

Before BRORBY, BARRETT and LIVELY, Circuit Judges.

BRORBY, Circuit Judge.

I. Factual & Procedural Background

As Kevin Blystra was walking home from school, either the passenger or driver of a white pickup truck shot him in the leg with a pellet gun as the truck drove by. Neither the driver nor the passenger of the truck have been identified. At the time of the incident, Kevin was sixteen years old and lived with his parents, Edmond and Barbara Blystra. The Blystras have incurred substantial medical expenses...

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