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WESTERN WORLD INS. CO. v. MARKEL AMERICAN INS. CO.

No. 11-6107.

677 F.3d 1266 (2012)

WESTERN WORLD INSURANCE COMPANY, Plaintiff-Appellant, v. MARKEL AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 8, 2012.

Attorney(s) appearing for the Case

Clayton B. Bruner ( Gerard F. Pignato with him on the briefs), Pignato, Cooper, Kolker & Roberson, P.C., Oklahoma City, OK, for Plaintiff-Appellant.

Camille Johnson ( Gary N. Schumann with her on the brief), Savrick, Schumann, Johnson, McGarr, Kaminski & Shirley, LLP, Dallas, TX, for Defendant-Appellee.

Before BRISCOE, Chief Judge, GORSUCH and MATHESON, Circuit Judges.

GORSUCH, Circuit Judge.

Haunted houses may be full of ghosts, goblins, and guillotines, but it's their more prosaic features that pose the real danger. Tyler Hodges found that out when an evening shift working the ticket booth ended with him plummeting down an elevator shaft. But as these things go, this case no longer involves Mr. Hodges. Years ago he recovered from his injuries, received a settlement, and moved on. This lingering specter of a lawsuit concerns only...

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