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REDLAND INS. CO. v. SHELTER GEN. INS. COMPANIES

No. 96-4003.

121 F.3d 443 (1997)

REDLAND INSURANCE COMPANY, as Assignee of Charlene Harvell and Lonnie Joe Harvell, Appellant, v. SHELTER GENERAL INSURANCE COMPANIES, Robert McAdams, Douglas G. Voyles, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1997.

Attorney(s) appearing for the Case

D.P. Marshall, Jr., Jonesboro, AR, argued (Paul D. Waddell, Jonesboro, AR, and Ira S. Lipsius, New York City, Jeffrey Scott Rogoff, Schindel, Tarman and Lipsius, LLP, New York City, on the brief), for appellant.

J.V. Phelps, Jonesboro, AR, argued (G.S. Perkins, Jonesboro, AR, and A. Lorenzo Bryan, New York City, on the brief), for appellee.

Before MURPHY, HEANEY, and MAGILL, Circuit Judges.

HEANEY, Circuit Judge.

This is an action brought by an insurance company to collect on an underlying judgment for which its insured was one of three tortfeasors jointly and severally liable. The district court, faced with cross motions for summary judgment, dismissed the complaint for failing to state a claim. Although the court properly concluded that the plaintiff failed to state a claim under its novel assignment theory, an alternative cause of action in the complaint...

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