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MITCHELL v. STATE FARM FIRE AND CAS. CO.

No. 92-1208.

20 F.3d 395 (1994)

Richard MITCHELL and Larry Cotten, Plaintiffs-Appellees, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 12, 1994.

Attorney(s) appearing for the Case

Miles C. Cortez, Jr. (Stephen J. Hensen and Fermin G. Montoya of Cortez Friedman, P.C., with him, on the brief), Denver, CO, for plaintiffs-appellees.

Alan Epstein of Hall & Evans (William J. Hunsaker of Makris, Hunsaker, Towey & Melonakis, P.A., with him, on the brief), Denver, CO, for defendant-appellant.

Before LOGAN, Circuit Judge. FEINBERG, Senior Circuit Judge, and McWILLIAMS, Senior Circuit Judge.

OPINION ON PETITION FOR REHEARING EN BANC.

McWILLIAMS, Senior Circuit Judge.

Mitchell and Cotten, appellees, filed a timely petition for rehearing, and, on order of Court, State Farm, the appellant, has now filed a response thereto.

In the petition for rehearing, counsel asserts that plaintiffs' claim for breach of the duty of good faith and fair dealing was based on two separate matters: (1) representatives of State Farm "induced and permitted"...

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