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GREENWELL v. BOATWRIGHT

Nos. 98-5721, 98-5722.

184 F.3d 492 (1999)

Nancy Robin GREENWELL, individually and as Executrix of the Estate of Richard w. Greenwell, Plaintiff-Appellant (98-5722), State Auto Insurance Company, Intervening Plaintiff-Appellant (98-5721), v. David L. BOATWRIGHT; Patricia Callis; KLLM, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 28, 1999.

Rehearing and Rehearing Denied October 8, 1999.

Attorney(s) appearing for the Case

ARGUED: Sheryl G. Snyder, Brown, Todd & Heyburn, Louisville, Kentucky, for Appellants. J. Denis Ogburn, Crafton, Martin, Ogburn & Zipperle, Louisville, Kentucky, for Appellees. ON BRIEF: William T. Donnell, Charles S. Cassis, Brown, Todd & Heyburn, Louisville, Kentucky, John F. Carroll, Jr., J. Chester Porter & Associates, Shepherdsville, Kentucky, Kelly Mark Easton, Coleman, Easton, Lochmiller & Hall, Elizabethtown, Kentucky, for Appellants. J. Denis Ogburn, Crafton, Martin, Ogburn & Zipperle, Louisville, Kentucky, Armer H. Mahan, Jr., Lynch, Cox, Gilman & Mahan, Louisville, Kentucky, for Appellees.

Before: MERRITT, KENNEDY, and SILER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 8, 1999.*

KENNEDY, J., delivered the opinion of the court, in which SILER, J., joined. MERRITT, J. (pp. 499-506), delivered a separate dissenting opinion.

OPINION

KENNEDY, Circuit Judge.

Plaintiffs Nancy Robin Greenwell, individually and as Executrix of the Estate of Richard W. Greenwell appeal the district court's denial of their Motion to Strike the Testimony of...

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