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REGIONAL BANK OF COLO. v. ST. PAUL FIRE & MARINE, INS. CO.

No. 93-1235.

35 F.3d 494 (1994)

REGIONAL BANK OF COLORADO, N.A., Plaintiff-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 25, 1994.

Attorney(s) appearing for the Case

Scott J. Mikulecky of Dufford & Brown, Denver, CO (Russell L. George of Stuver & George, Rifle, CO, with him on the brief), for plaintiff-appellee.

John R. Mann (Frank R. Kennedy on the brief), of Cooper & Kelley, Denver, CO, for defendant-appellant.

Before KELLY and BARRETT, Circuit Judges, and O'CONNOR, Senior District Judge.

EARL E. O'CONNOR, Senior District Judge.

Appellant St. Paul Fire and Marine Insurance Company ("St. Paul") appeals from a grant of summary judgment in favor of appellee Regional Bank of Rifle ("Regional Bank"). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Regional Bank, the insured, filed an action for a declaratory judgment with respect to coverage and duty to defend on a claim for carbon monoxide poisoning under the comprehensive...

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