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

No. 97-6271.

149 F.3d 1269 (1998)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Plaintiff-Counter Defendant-Appellee, v. Eugene NARVAEZ, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 31, 1998.

Attorney(s) appearing for the Case

Robert M. Behlen, Oklahoma City, Oklahoma, for Defendant-Appellant.

Timothy D. Cain (Joseph T. Acquaviva, Jr. with him on the brief), of Wilson, Cain & Acquaviva, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before PORFILIO, MAGILL, and LUCERO, Circuit Judges.

MAGILL, Circuit Judge.

After Eugene Narvaez was assaulted while entering his van, he filed a claim for exactly $50,000 in uninsured motorist benefits under his auto insurance policies with State Farm Mutual Auto Insurance Company (State Farm). State Farm denied Narvaez's claim and filed this action for a declaratory judgment that Narvaez's injuries were not covered by the policies. The district court granted State Farm's motion for summary judgment, and Narvaez appeals...

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