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MIRVILLE v. ALLSTATE INDEM. CO.

Nos. 97-4211-DES, 97-4213-RDR.

71 F.Supp.2d 1103 (1999)

Marie Myrtha MIRVILLE, Plaintiff/Judgment Creditor, v. ALLSTATE INDEMNITY COMPANY, Garnishee. Peterson Mirville, Next Friend for Eclamene Mesca, a Minor, Plaintiff/Judgment Creditor, v. Allstate Indemnity Company, Garnishee.

United States District Court, D. Kansas.

September 21, 1999.

Attorney(s) appearing for the Case

Jerry R. Palmer, Palmer, Lowry, Leatherman & White, L.L.P., Topeka, KS, for Marie Myrtha Mirville, Judgment Creditor, plaintiff.

Patrick E. McGrath, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, for Joseph A Mirville, Judgment Debtor, defendant.

Richard F. Modin, Dougherty, Modin & Holloway, Kansas City, MO, Daniel R. DeFoe, Blue Springs, MO, for Allstate Indemnity Company, garnishee.

Patrick B. Hughes, Adams & Jones, Chartered, Wichita, KS, Donald W. Bostwick, Wichita, KS, for Computer Sciences Corporation, intervenor.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on Allstate Indemnity Company's Motion for Partial Summary Judgment (Doc. 23). All parties have submitted briefs on this matter and the court is ready to rule.

FACTUAL BACKGROUND

This case arises from an automobile accident which occurred near Topeka, Kansas, on July 9, 1996. Joseph Mirville was driving a car on Interstate 70 which was struck from behind...

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