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BROWN v. TRANSIT HOMES, INC.

No. Civ 80-1009-R.

543 F.Supp. 100 (1982)

Dorothy Williams BROWN, Executrix of the Estate of Wilmore Malone, Jr., Deceased, Plaintiff, v. TRANSIT HOMES, INC., et al., Defendants.

United States District Court, W. D. Oklahoma.

March 2, 1982.

Attorney(s) appearing for the Case

John M. Merritt, Michael T. Rooney and Robert R. Buck, Buck, Merritt & Hoyt, Oklahoma City, Okl., for plaintiff.

William S. Hall, Tulsa, Okl., Alex Cheek, Noma D. Gurich, Cheek, Cheek & Cheek, Oklahoma City, Okl., for defendants Transit Homes, Inc. and Robert McCann.

Alex Cheek, Noma D. Gurich, Cheek, Cheek & Cheek, Oklahoma City, Okl., Patricia Kay Dube, Ross, Greggs & Harrison, Houston, Tex., for defendant Bankers and Shippers Ins. Co. of New York.

Kent Fleming, Huckaby, Fleming & Frailey, Oklahoma City, Okl., for defendant Riffe Petroleum Co.

ORDER

DAVID L. RUSSELL, District Judge.

This is an action to recover damages for the wrongful death of Plaintiff's decedent, Wilmore Malone, Jr. Defendant Bankers and Shippers Insurance Company (hereinafter Bankers and Shippers) has filed a Motion to Dismiss alleging that Plaintiff has failed to state a claim against Bankers and Shippers upon which relief can be granted.

Defendant McCann was operating...

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