Richard Lamb, a Minor, by Mrs. Ed. Hanson, His Mother and Next Friend v. Midwest Mutual Insurance Company

Eighth Circuit

Richard Lamb, a Minor, by Mrs. Ed. Hanson, His Mother and Next Friend v. Midwest Mutual Insurance Company

421 F.2d 179

CourtCourt of Appeals for the Eighth Circuit

DecidedFebruary 2, 1970

Docket19717

StatusPublished

Cited by3 cases

This text of 421 F.2d 179 (Richard Lamb, a Minor, by Mrs. Ed. Hanson, His Mother and Next Friend v. Midwest Mutual Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Richard Lamb, a Minor, by Mrs. Ed. Hanson, His Mother and Next Friend v. Midwest Mutual Insurance Company, 421 F.2d 179 (8th Cir. 1970).

Pincite

Opinion

PER CURIAM.

This is a timely appeal by plaintiff Lamb, a minor by his next friend, from final judgment sustaining the motion of the defendant insurer for summary judg■ment of dismissal. Jurisdiction, based upon diversity of citizenship and the requisite amount, is present.

There is no dispute as to the material facts. Plaintiff obtained insurance upon his motorcycle from defendant. Defendant offered uninsured motorist protection for an additional premium, as required by law. Plaintiff rejected such offer. A policy was issued providing no uninsured motorist coverage and no premium was paid for such coverage. Plaintiff’s claim is based upon injuries alleged to have been inflicted upon him by an uninsured motorist while plaintiff was operating his motorcycle.

The facts, issues and the controlling Arkansas law are fully set out in Judge Henley’s opinion reported at 296 F.Supp. 131. We affirm the dismissal judgment upon the basis of the reasoning set forth in Judge Henley’s reported opinion.

Affirmed.

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