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GRAIN DEALERS MUT. INS. CO. v. LOWER

Nos. 91-5136 and 91-5137.

979 F.2d 1411 (1992)

GRAIN DEALERS MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Hope Crawley LOWER; Roger Jones; Charles Frunk, Defendants-Appellants, and Jerry Leon Guynn; American Legion # 182; and Aetna Casualty and Surety Company, Defendants. AETNA CASUALTY AND SURETY COMPANY, Third-Party-Plaintiff-Appellee, v. Roger JONES and Charles Frunk, Third-Party-Defendants-Appellants, and Jerry Leon Guynn, Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

November 17, 1992.

Attorney(s) appearing for the Case

Harry A. Parrish, of Knight, Wilkerson & Parrish, Tulsa, Okl., for Grain Dealers Mutl. Ins. Co., plaintiff-appellee.

Joseph F. Clark, Jr., of Clark and Stainer, P.A., and Thomas Whalen, Tulsa, Okl., for Hope Crawley Lower, Roger Jones, and Charles Frunk, defendants-appellants.

John H. Tucker, of Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, Okl., for Aetna Cas. and Sur. Co., third-party-plaintiff-appellee.

Before McKAY, Chief Judge, and BARRETT, Circuit Judge, and BRIMMER, District Judge.

BARRETT, Senior Circuit Judge.

These actions arise out of a motor vehicle accident on April 12, 1988, in which Viola Mae Frunk was killed and Hope Crawley Lower was injured. Also involved in the accident was Jerry Leon Guynn, an uninsured and allegedly intoxicated motorist. Mrs. Lower filed a state court action against Mr. Guynn and American Legion # 182, which she alleged tortiously served liquor to Mr. Guynn prior to the...

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