McQUADE, Justice.
The district court disposed of this case on a motion for summary judgment. For the purposes of determining whether this disposition was proper, respondent Clover Creek Cattle Company does not take issue with appellants' summary of the facts, which is as follows:
"`At all times material herein, United States Fidelity and Guaranty Company was a corporation organized under the laws of the state of Maryland and authorized to engage in the business...
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