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ST. PAUL FIRE & MARINE INS. CO. v. MEDICAL PROT. CO.

No. 80-2340.

691 F.2d 468 (1982)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. The MEDICAL PROTECTIVE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 18, 1982.

Attorney(s) appearing for the Case

Richard T. Foster, Wichita, Kan. (William Tinker, Wichita, Kan., on the brief), of McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, Kan., for defendant-appellant.

H. W. Fanning, Wichita, Kan. (Harker E. Russell, Wichita, Kan., with him on the brief), of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., for plaintiff-appellee.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

The appeal in this diversity case arises out of a dispute between two insurance companies over which has to pay portions of a medical malpractice settlement against a professional corporation and a doctor it employed. St. Paul Fire & Marine Insurance Company (St. Paul), which had written excess liability policies, paid $300,000 of the $400,000 settlement, and brought suit against The Medical Protective Company (Medical Protective) to recover...

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