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BREWER v. NATIONAL INDEM. CO.

Nos. 03-1531, 03-1696.

413 F.3d 429 (2005)

Leona BREWER, as Personal Representative of the Estate of Edward Rose, deceased, Plaintiff-Appellant, v. NATIONAL INDEMNITY COMPANY, a Nebraska Corporation; W.E. Kingsley Company, a Kentucky Corporation, Defendants-Appellees, and Joe Maynard; Norma Jean Maynard and Gregory Maynard, d/b/a Maynard's Wrecker Service; Denise M. Gauze, as Executrix of the Estate of Herbert Maynard, d/b/a Maynard's Used Auto Parts; Joe A. Young; Joe A. Young Insurance Agency, Inc., a Kentucky Corporation; Deborah L. Hanshaw, Defendants, and Nationwide Mutual Insurance Company; Emily Howell; Manuuel Rose; Rhonda Messer, Parties in Interest. Leona Brewer, as Personal Representative of the Estate of Edward Rose, deceased, Plaintiff-Appellant, v. National Indemnity Company, a Nebraska Corporation; W.E. Kingsley Company, a Kentucky Corporation, Defendants-Appellees, and Joe Maynard; Norma Jean Maynard and Gregory Maynard, d/b/a Maynard's Wrecker Service; Denise M. Gauze, as Executrix of the Estate of Herbert Maynard, d/b/a Maynard's Used Auto Parts; Joe A. Young; Joe A. Young Insurance Agency, Inc., a Kentucky Corporation; Deborah L. Hanshaw, Defendants, and Nationwide Mutual Insurance Company; Emily Howell; Manuuel Rose; Rhonda Messer, Parties in Interest.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 2005.

Attorney(s) appearing for the Case

ARGUED: Jennifer Sue Fahey, Bailey & Glasser, LLP, Charleston, West Virginia, for Appellant. Anita Rose Casey, MacCorkle, Lavender, Casey & Sweeney, PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Brian A. Glasser, Bailey & Glasser, LLP, Charleston, West Virginia, for Appellant.

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

OPINION

KING, Circuit Judge.

In this diversity action, Leona Brewer, the Administratrix of the Estate of Edward Rose, deceased, has appealed the dismissal of her complaint against National Indemnity Company and W.E. Kingsley Company (collectively, "National Indemnity"). The district court for the Southern District of West Virginia...

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