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CHADIMA v. NATIONAL FIDELITY LIFE INS. CO.

No. 3-90-CV-90058.

894 F.Supp. 1300 (1995)

George W. CHADIMA, et al., Plaintiffs, v. NATIONAL FIDELITY LIFE INSURANCE COMPANY, Defendant, and State of Iowa, ex rel., Civil Reparations Trust Fund, Intervenor.

United States District Court, S.D. Iowa, Davenport Division.

August 15, 1995.

Attorney(s) appearing for the Case

Kevin H. Collins of Shuttleworth & Ingersoll, P.C., Cedar Rapids, IA, for plaintiffs.

Thomas J. Shields of Lane & Waterman, Davenport, IA, for defendant National Fidelity Life Ins. Co.

Asst. IA Attys. Gen. Richard E. Mull and Craig Kelinson, for Intervenor State of Iowa ex rel. Civil Reparations Trust Fund.

ORDER DENYING PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT

BENNETT, District Judge.

This litigation presents a difficult conundrum. With all due respect to the Iowa Supreme Court, I believe they have erroneously interpreted the precedent I must apply in this action. As a federal district court judge applying state law in a diversity action, I am bound by the construction of state law by the Iowa Supreme Court. This is true, even here, where, after much thought...

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