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NATIONWIDE MUT. INS. CO. v. DUNNING

No. 00-60145.

252 F.3d 712 (2001)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Joe G. DUNNING, Jr.; Cynthia S. Dunning, Defendants-Appellants, v. Jennifer B. Morris; Courtney R. Lutz; Craig Portis; The Estate of Paul Holloway, Defendants-Appellees, v. Progressive Gulf Insurance Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 22, 2001.

Attorney(s) appearing for the Case

Marc A. Biggers (argued), Steven Cavitt Cookston, Upshaw, Williams, Biggers, Beckham & Riddick, Greenwood, MS, for Nationwide Mut. Ins. Co.

Robert L. Moore (argued), Thomason, Hendrix, Harvey, Johnson & Mitchell, William Christopher Harrison, William Warren Heaton, Friedman, Sissman & Heaton, Memphis, TN, Phillip J. Duncan, Duncan & Rainwater, Little Rock, AR, for Morris and Lutz.

Steven Glen Roberts (argued), Memphis, TN, for Portis.

Henry Clay Shelton, III, Armstrong Allen, Memphis, TN, for Holloway.

H. Richmond Culp, III, W. Scott Collins, Mitchell, McNutt, Threadgill, Smith & Sams, Tupelo, MS, for Progressive Gulf Ins. Co.

Shelby Duke Goza (argued), Hickman, Goza & Gore, Oxford, MS, Dion J. Shanley, Hickman, Goza & Gore, Ridgeland, MS, for Joe and Cynthia Dunning.

Before STEWART and PARKER, Circuit Judges, and GOLDBERG, Judge.

ROBERT M. PARKER, Circuit Judge:

Appellants seek review of the district court's determination of insurance coverage for bodily injuries and death resulting from a car accident in 1997. We must determine whether Paul Holloway qualifies as an insured under the policy issued by Progressive Gulf Insurance Company ("Progressive") and whether Jennifer Morris, Courtney Lutz, and Craig Portis are insureds under the terms of the policy issued by Nationwide Insurance Company...

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