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AMERICAN FAMILY MUT. INS. CO. v. JEPSON

No. 97-3581.

148 F.3d 954 (1998)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY; Plaintiff-Appellee; v. Karen JEPSON, individually and as general guardian of Donia Lynn Jepson; Edward Jepson, individually; Shelby Jepson, individually; Defendants-Appellants; Kyle Gross; David Green, individually, doing business a Tripe F Ranch; Curtis Wendel; Defendants.

United States Court of Appeals, Eighth Circuit.

Decided July 1, 1998.

Attorney(s) appearing for the Case

Thomas G. Johnson, Willmar, MN, argued (Scott N. Heidepriem, Sioux Falls, SD, on the brief), for Appellants.

Douglas M. Deibert, Sioux Falls, SD, argued, for Appellee.

Before BEAM and HEANEY, Circuit Judges, and WATERS, District Judge.

HEANEY, Circuit Judge.

I.

On November 10, 1994, Donia Jepson sustained extensive injuries in a car-truck collision at a rural intersection in Kingsbury County, South Dakota. Jepson was traveling in a 1985 Plymouth when the car collided with a 1976 International truck driven by Curtis Wendel. At the time, Wendel was employed by Triple F Ranch, a partnership between Kyle Gross and David Green. Gross and Green had previously been in a partnership with John...

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