AMERICAN EMP. INS. CO. v. BD. OF CTY. COM'RS, ETC.

Nos. 75-1004, 75-1005.

547 F.2d 511 (1976)

AMERICAN EMPLOYERS INSURANCE COMPANY, Plaintiff-Appellee, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ADAMS, STATE OF COLORADO, Defendant-Appellee, Stanley Eugene Zierlein et al., Defendants-Appellants, Employers Mutual Casualty Company, Intervenor-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 14, 1976.


Attorney(s) appearing for the Case

Arthur S. Bowman, Denver, Colo. (Bowman, Shambaugh, Geissinger & Wright, Denver, Colo., on brief), for defendants-appellants Holman, Zierlein and Sheets.

Robert R. Montgomery, Denver, Colo. (J. Bayard Young, Montgomery, Little, Young, Ogilvie, Campbell & McGrew, Denver, Colo., on brief), for intervenor-appellant.

Larry W. Berkowitz, S. Morris Lubow, Brighton, Colo., for defendant-appellee Bd. of County Commissioners.

Albert E. Zarlengo, Jr., Denver, Colo. (John C. Mott, Zarlengo, Mott & Zarlengo, Denver, Colo., on brief), for plaintiff-appellee American Employers Ins. Co.

Before LEWIS, Chief Judge, SETH, Circuit Judge, and MORRIS, Chief District Judge.


MORRIS, Chief District Judge.

In this case appellants challenge the trial court's determinations with respect to the liability of an insurer on an insurance policy and the effect of certain Colorado statutes having to do with sovereign immunity.

Appellee American Employers Insurance Company (American Employers) brought this declaratory judgment action against all the other parties except the intervenor to determine its liability under an insurance policy....

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