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KANSAS BANKERS SUR. CO. v. LYNASS

No. 89-5574.

920 F.2d 546 (1990)

The KANSAS BANKERS SURETY COMPANY, a Kansas insurance corporation authorized to do business in South Dakota, Appellee, v. Jack LYNASS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1990.

Attorney(s) appearing for the Case

William G. Porter, Rapid City, S.D., for appellant.

Stephen P. Weir, Topeka, Kan., for appellee.

Before JOHN R. GIBSON, Circuit Judge, ROSS, Senior Circuit Judge, and LARSON, Senior District Judge.

ROSS, Senior Circuit Judge.

This is a declaratory judgment action brought by an insurer, Kansas Bankers Surety Company (Kansas Bankers), to determine whether it had the right to conduct the defense of its insured, Jack Lynass, in a state court action. Lynass counterclaimed, alleging bad faith and intentional infliction of emotional distress. The district court granted summary judgment in favor of Kansas Bankers on its declaratory judgment action and against Lynass...

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