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REGIONAL AIR, INC. v. CANAL INSURANCE COMPANY

Nos. 09-6090, 09-6101

REGIONAL AIR, INC., Plaintiff-Appellant/Cross-Appellee, v. CANAL INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed January 14, 2011.

Attorney(s) appearing for the Case

Edward W. Dzialo, Jr. , Godlove, Mayhall, Dzialo, Dutcher & Erwin, Lawton, Oklahoma, for Plaintiff-Appellant/Cross-Appellee.

Harris A. Phillips ( Linda G. Alexander , with him on the briefs), Niemeyer, Alexander, Austin & Phillips, P.C., Oklahoma City, Oklahoma, for Defendant-Appellee/Cross-Appellant.

Before KELLY and GORSUCH, Circuit Judges, and MELGREN, District Judge.

GORSUCH, Circuit Judge.

Sometimes litigation takes so many twists and turns that, by the end of it all, it's hard to tell who won and who lost. Ours is such a case. After much motions practice and a trial, Canal paid Regional Air just less than $60,000 for an insurance loss. After trial, both sides declared victory. And this led to a whole new fight over who won and who lost the last fight. Claiming to be the "prevailing party," each side argued that Oklahoma law...

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