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PENNSYLVANIA NAT. MUT. CAS. INS. CO. v. CITY OF PITTSBURG, KAN.

No. 92-3036.

987 F.2d 1516 (1993)

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. CITY OF PITTSBURG, KANSAS, a Municipal corporation; Ernest Radell; and Brandon Radell, a minor, by and through his mother and next friend, Carol Radell, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 22, 1993.

Attorney(s) appearing for the Case

John I. O'Connor (John R. Cunningham with him on the briefs), of White, O'Connor & Werner, P.A., Pittsburg, KS, for plaintiff-appellant.

Douglas M. Greenwald of McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, for defendant-appellee, City of Pittsburg, Kan.

Robert S. Tomassi and Kurtis I. Loy of Loy, Loy & Tomassi, P.A., Pittsburg, KS, on the brief for defendants-appellees, Ernest Radell and Brandon Radell, a minor.

Before SEYMOUR, MOORE, and ANDERSON, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Ernest Radell and Brandon Radell, a minor, by and through his mother and next friend, Carol Radell, sued the City of Pittsburg, Kansas, for injuries they sustained when a City truck accidentally sprayed them with malathion mixed with diesel fuel during a routine mosquito fogging in July 1989. The City requested its insurer, Pennsylvania National Mutual Casualty Insurance Company (PNI), to defend the Radells' action for damages for personal...

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