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

No. 01-1341.

319 F.3d 1234 (2003)

Ricky Eugene CLARK, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 11, 2003.

Attorney(s) appearing for the Case

Robert B. Carey, (Steve W. Berman, Hagens, Berman, LLP, Seattle, Washington, with him on the briefs), The Carey Law Firm, Colorado Springs, CO, for Plaintiff-Appellant.

Michael S. McCarthy, (Patrick T. Madigan, Marie E. Williams, with him on the brief), Faegre & Benson, LLP, Denver, CO, for Defendant-Appellee.

Before BRISCOE, HOLLOWAY and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiff-Appellant Ricky Eugene Clark filed a class action suit in Colorado District Court, County of Pueblo, against Defendant-Appellee State Farm Mutual Automobile Insurance Co. ("State Farm") for extended personal injury protection ("PIP") benefits under the Colorado Auto Accident Reparations Act ("CAARA"). See Colo.Rev.Stat. §§ 10-4-701 to -726 (2000).1 Clark sought...

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