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ALLIED MUT. INS. CO. v. ACTION ELEC. CO.

No. S-97-1223.

593 N.W.2d 275 (1999)

256 Neb. 691

ALLIED MUTUAL INSURANCE COMPANY, a Corporation, Appellee, v. ACTION ELECTRIC COMPANY, INC., and Connie W. Emry, Personal Representative of the Estate of Thomas D. Emry, Deceased, Appellants.

Supreme Court of Nebraska.

April 9, 1999.

Attorney(s) appearing for the Case

David Geier, of Healey & Wieland Law Firm, Lincoln, for appellants.

James A. Snowden and Michael A. England, of Wolfe, Snowden, Hurd, Luers & Ahl, Lincoln, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

Action Electric Company, Inc. (Action), and Connie W. Emry, personal representative of the estate of Thomas D. Emry (Emry's estate), appeal from a summary judgment granted in favor of Allied Mutual Insurance Company (Allied) on the grounds that Emry was not "using" the vehicle for purposes of insurance coverage at the time he was struck and killed by another vehicle. The issue presented is whether a person who has stopped and exited...

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