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HOCKER v. NEW HAMPSHIRE INS. CO.

No. 89-8059.

922 F.2d 1476 (1991)

Robert Ross HOCKER and Waylon Cummins, Plaintiffs, v. NEW HAMPSHIRE INSURANCE COMPANY, a New Hampshire Corporation, Defendant/Cross-Claim Defendant/Appellee, v. FIRST STATE INSURANCE COMPANY, a Massachusetts Corporation, Defendant/Cross-Claim Plaintiff/Appellant, American International Adjustment Company, a Delaware Corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

January 7, 1991.

Attorney(s) appearing for the Case

Dirk W. de Roos of Kutak Rock & Campbell, Denver, Colo. (Tana K. Simard of Kutak Rock & Campbell, G.G. Greenlee and James R. Bell of Murane & Bostwick, Casper, Wyo., with him on the briefs), for defendant/cross-claim plaintiff/appellant.

Gregory R. Piche of Holland & Hart, Denver, Colo. (Harry F. Buck of Buck & Lewis, Cheyenne, Wyo., with him on the brief), for defendant/cross-claim defendant/appellee.

Before McKAY and ANDERSON, Circuit Judges, and BROWN, District Judge.

McKAY, Circuit Judge.

This diversity action is an appeal by defendant First State Insurance Company, the excess insurance carrier for plaintiffs Robert Hocker and Wayne Cummins, from an order dismissing First State's crossclaim against defendant New Hampshire Insurance Company, plaintiffs' primary insurer. First State appeals the district court's interpretation of its contractual obligation to drop down and defend the plaintiffs, the court's ruling that First State...

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