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AVEMCO INS. CO. v. AUBURN FLYING SERVICE, INC.

No. 00-1646.

242 F.3d 819 (2001)

AVEMCO INSURANCE COMPANY, Plaintiff/Appellee, v. AUBURN FLYING SERVICE, INC.; Ruth Norvell, Personal Representative of the Estate of Fred E. Farington, Deceased; Defendants/Appellants, Brian L. SMITH, Co-Personal Representative of the Estate of Vera Mae Smith, Deceased; Janelle Briner, Co-Personal Representative of the Estate of Vera Mae Smith, Deceased; Laverne Norvell, Personal Representative of the Estate of Augusta Norvell, Deceased; Edward Drillon; Cheryl Bevirt, Personal Representative of the Estate of Edward DeBourbon, Deceased, Intervenors/Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 13, 2001.

Attorney(s) appearing for the Case

Terry M. Anderson, argued, Omaha, NE (Steven M. Lathrop, Omaha, NE, on the brief), for appellant.

Kelly R. Dahl, argued, Omaha, NE (John W. McMullen, on the brief), for appellee.

Before WOLLMAN, Chief Judge, LAY, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Avemco Insurance Company (Avemco) filed a declaratory judgment action to determine if coverage for an accident existed under a noncommercial aviation policy it had issued to Auburn Flying Services, Inc. (AFS). The defendant/appellant is the personal representative of the estate of the deceased pilot and the intervenors are the personal representatives of the estates of the three passengers killed in the accident (collectively appellants). The...

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