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WESTERN CAS. & SUR. v. NATIONAL UNION FIRE INS.

No. 80-1174.

677 F.2d 789 (1982)

The WESTERN CASUALTY & SURETY COMPANY, Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY, A Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 14, 1982.

Attorney(s) appearing for the Case

Steven R. Smith, Wichita, Kan. (H. W. Fanning, Wichita, Kan., with him on the brief), of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., for plaintiff-appellant.

Rex G. Beasley of Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., for defendant-appellee.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a dispute between two insurance companies over policy coverage. Pursuant to the provisions of the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 (1976 & Supp. II 1978), Western Casualty & Surety Company (Western), a Kansas corporation, brought an action against National Union Fire Insurance Company (National), a Pennsylvania insurance company authorized to do business in Kansas. Western sought a

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