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BARBARA MILLET, WIFE OF AND MICHAEL MILLET, INDIVIDUALLY AND AS ADMINISTRATORS OF THE ESTATE OF THEIR MINOR SON, ALLEN MILLET v. GREGORY SCALLAN, AND HIS LIABILITY INSURANCE CARRIER, STATE FARM, AND THE UNINSURED MOTORIST CARRIER OF MICHAEL MILLET, GUARANTY NATIONAL INSURANCE COMPANY.

Granted, with order.

GRANTED. The case is remanded to the court of appeal to decide whether plaintiffs were insureds under the uninsured motorist coverage of Guaranty's policy. There is no genuine issue as to material fact, and reversal of the arguably incorrect ruling that Guaranty is not entitled to judgment as a matter of law would terminate the litigation. See Herlitz Construction Co. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981).

DIXON, C.J., and DENNIS and WATSON, JJ., dissent.

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MILLET v. SCALLAN
(Jun 1, 1984)