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HUTCHERSON v. PROGRESSIVE CORP.

No. 91-9157.

984 F.2d 1152 (1993)

Deborah HUTCHERSON, As Surviving Spouse of Dennis Hutcherson, Deceased, Deborah Hutcherson, As Administratrix of the Estate of Dennis Hutcherson, Deceased, Deborah Hutcherson, Individually, Plaintiff-Appellant, v. PROGRESSIVE CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 15, 1993.

Attorney(s) appearing for the Case

James E. Butler, Jr., C. Frederick Overby, Peter J. Haughtery, Butler, Wooten, Overby & Cheeley, Columbus, GA, Donald A. Weissman, Donald A. Weissman, P.C., Atlanta, GA, for plaintiff-appellant.

Thomas S. Carlock, David D. Cookson, Webb, Carlock, Copeland, Semler & Stair, Robert B. Hocutt, Joleen Marie Casey, Nall, Miller, Owens, Hocutt & Howard, Atlanta, GA, for defendants-appellees.

Before ANDERSON, Circuit Judge, MORGAN and JOHNSON, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied April 15, 1993.

PER CURIAM:

This case arises on appeal following the district court's entry of partial summary judgment in favor of TABS, Inc. ("TABS") and the district court's entry of summary judgment in favor of The Progressive Corporation, National Continental Insurance Company, and Progressive Casualty Insurance Company (collectively, "Progressive"). We affirm in part, reverse in part, and remand.

I. BACKGROUND...

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