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MILBANK INS. CO. v. GARCIA

No. 84-1366.

779 F.2d 1446 (1985)

MILBANK INSURANCE COMPANY, Plaintiff-Appellant, v. Robert GARCIA and Judy L. Collins, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 18, 1985.

Attorney(s) appearing for the Case

Hugh D. Wise, of Dufford, Waldeck, Ruland, Wise & Milburn, Grand Junction, Colo., for plaintiff-appellant.

Jerry D. Otero, of Grand Junction, Colo., for defendant-appellee Garcia.

Stacy R. Carpenter, of Grand Junction, Colo., for defendant-appellee Collins.

Before McKAY, BREITENSTEIN and BALDOCK.

BREITENSTEIN, Senior Circuit Judge.

This is a diversity action for a declaratory judgment. Jurisdiction lies under 28 U.S.C. §§ 1332 and 2201. Appellant-Plaintiff, Milbank Insurance Company, sued for a determination of its liability under two insurance policies. It appeals from a summary judgment entered for the defendants-appellees. We affirm.

The facts are stipulated. R. 58-60. Defendant-Appellee Robert Garcia d/b/a Garcia Concrete was in the business...

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