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ALLSTATE INS. CO. v. INDEPENDENT APPLIANCE & REFRIGERATION SERVICE, INC.

No. 01-2117.

278 F.3d 1102 (2002)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. INDEPENDENT APPLIANCE & REFRIGERATION SERVICE, INC.; Michael Meister, Defendants-Appellants, New Mexico Trial Lawyers Association; New Mexico Defense Lawyers Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 3, 2002.

Attorney(s) appearing for the Case

Lisa Mann, (Jennifer A. Noya with her on the brief), Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, for Plaintiff-Appellee.

Geoffrey R. Romero, Albuquerque, NM, for Defendant-Appellant.

Janet Santillanes, Albuquerque, NM, filed an amicus curiae brief for New Mexico Trial Lawyers Association.

Rudolph A. Lucero, Miller, Stratvert & Torgerson, P.A., Albuquerque, NM, filed an amicus curiae brief for New Mexico Defense Lawyers Association.

Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

The Defendants, Michael Meister and Independent Appliance & Refrigeration Services, Inc. appeal the Magistrate Judge's grant of summary judgment to the Plaintiff, Allstate Insurance Company ("Allstate"). The district court ruled that Meister's personal automobile insurance policy, issued by Allstate, unambiguously precluded stacking of more than two uninsured motorist coverages.1 This...

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