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

No. 04-2491.

410 F.3d 1029 (2005)

Brent E. RASMUSSEN, Plaintiff-Appellant, Kim Rasmussen, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; State Farm Entity, (True and Exact Name Unknown) a part of State Farm Insurance Companies, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 9, 2005.

Rehearing and Rehearing Denied August 4, 2005.

Attorney(s) appearing for the Case

Thomas A. Grennan, Omaha, NE, for appellant.

Joseph K. Meusey and Russell A. Westerhold, Omaha, NE, for appellee.

Before WOLLMAN, BEAM, and GRUENDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 4, 2005.

BEAM, Circuit Judge.

Brent Rasmussen was severely injured by an uninsured motorist while trying to help another (insured) motorist out of a ditch on Interstate 80 between Lincoln and Omaha in Nebraska. After the accident, Rasmussen successfully claimed $100,000 in uninsured motorist benefits from his policy ("the Nebraska policy") with State Farm. He then tried to claim uninsured motorist benefits from...

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