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CALDWELL v. TACC CORP.

Nos. 04-2090, 04-3404.

423 F.3d 784 (2005)

Jason CALDWELL; Karen Caldwell, Plaintiffs, Karen Lamb Kirkham, Individually and as Personal Representative of the Estate of William David Lamb, deceased, and as next friend and on behalf of Joshua Lamb and Caleb Lamb, the minor children and wrongful death beneficiaries of William David Lamb; Caleb Lamb; Joshua Lamb; William David Lamb, Intervenor Plaintiffs/Appellees, Carroll Deal; Pattie Deal, Intervenor Plaintiffs/Appellees, Fremont Indemnity Company; Arkansas Property and Casualty Guaranty Fund, Intervenor Plaintiffs/Appellants, v. TACC CORPORATION; Illinois Tool Works, Inc., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: September 2, 2005.

Attorney(s) appearing for the Case

Caroline L. Curry, argued, Little Rock, AR (Michael L. Roberts, Amy S. Huffman, on the brief), for appellant.

Brian Gene Brooks, argued, Little Rock, AR (Susan Nichols, Charles Clifford Gibson, III, on the brief), for appellee.

Before MELLOY, COLLOTON and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Fremont Indemnity Company ("Fremont") and the Arkansas Property and Casualty Guaranty Fund (the "Fund") appeal two separate decisions of the district court.1 In two separate orders, the district court concluded that because Carroll Deal and Karen Lamb Kirkham were not "made whole" by their respective settlements with TACC Corporation and Illinois Tool Works, Inc., Fremont and the Fund did not have a right of subrogation...

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