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JAMESON v. PACK

Civ. A. Nos. 90-2308-JWL, 91-2478-JWL, 91-2479-JWL, 92-2158-JWL.

815 F.Supp. 410 (1993)

Essie Lee JAMESON, as personal representative of the Estate of Viola Lee Gordon, deceased, and Verrelle Gordon, Plaintiffs, v. Marvin R. PACK, P & H Oil Field Service, Inc., Tow Service, Inc., David M. Martinez, Defendants and Third-Party Plaintiffs, OMEGA RESOURCES CORPORATION, Third-Party Plaintiff, v. MID-CONTINENT CASUALTY COMPANY, KFB Insurance Company, Third-Party Defendants, Kimberly Sue GORDON, Plaintiff, v. TOW SERVICE, INC., David M. Martinez, Defendants and Third-Party Plaintiffs, v. MID-CONTINENT CASUALTY COMPANY, Third-Party Defendant. Donald James CLIFFORD, as personal representative of the Estate of Raymond Floyd Gordon, Jr., Deceased, Plaintiff, v. TOW SERVICE, INC., David M. Martinez, Defendants and Third-Party Plaintiffs, v. MID-CONTINENT CASUALTY COMPANY. Essie Lee JAMESON, as personal representative of the Estate of Raymond F. Gordon, Deceased, Verrelle Gordon, Norwest Bank as Conservator of the Estates of Mary Gordon, a minor, Brenton Gordon, a minor, Plaintiffs, v. Marvin R. PACK, P & H Oil Field Service, Inc., Defendants, Tow Service, Inc., David M. Martinez, Defendants and Third-Party Plaintiffs, OMEGA RESOURCES CORPORATION, Third-Party Plaintiff, v. MID-CONTINENT CASUALTY COMPANY, Third-Party Defendant.

United States District Court, D. Kansas.

February 22, 1993.

Attorney(s) appearing for the Case

David Davies, Steven D. Alexander, Chartered, Overland Park, KS, Randall J. Shanks, Gallner & Gallner, P.C., Council Bluffs, IA, Raymond McGaugh, Chicago, IL, for Essie Lee Jameson, as personal representative of the Estate of Viola Lee Gordon, Verrelle Gordon.

William H. Sanders, James Borthwick, Paul F. Pautler, Jr., Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, MO, for Marvin R. Pack, P & H Oil Field Service, Inc., Omega Resources Corp., Mid-Continent Cas. Co.

Paul P. Hasty, Jr., D'Ambra M. Howard, Robert J. Luder, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, KS, for Tow Service Inc., David M. Martinez, KFB Ins. Co., Inc.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This matter is currently before the court on the motion for summary judgment (Doc. # 202) filed by third party defendant KFB Insurance Company, Inc. ("KFB"). For the reasons set forth below, KFB's summary judgment motion is granted.

This case arises out of a collision which occurred on May 26, 1990, on Highway I-35 in Sumner County, Kansas. On that night, a motor vehicle occupied by several individuals...

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