UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-31126
Summary Calendar
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MAVIS AUDLEMAN,
INDIVIDUALLY AND ON BEHALF OF JOHN AUDLEMAN ESTATE,
Plaintiff - Appellant,
versus
MUTUAL OF OMAHA INSURANCE CO.,
Defendant - Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
(95-CV-256)
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May 27, 1996
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Mavis Audleman contests the summary judgment granted Mutual of
Omaha Insurance Co. in this action concerning the construction of
an insurance contract. The sole issue is whether the policy term
"private passenger automobile" encompasses a motorcycle. The
district court held that it does not.
We review a summary judgment de novo, pursuant to FED. R. CIV.
P. 56. It is proper "if ... there is no genuine issue as to any
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
material fact and that the moving party is entitled to a judgment
as a matter of law".
Pursuant to Rule 56, and faced solely with ruling on the
policy term, a question of law, we AFFIRM for essentially the
reasons stated by the district court in its thorough memorandum
ruling.
AFFIRMED