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RED PANTHER CHEMICAL CO. v. INS. CO. OF STATE OF PA.

No. 93-6400.

43 F.3d 514 (1994)

RED PANTHER CHEMICAL COMPANY, a corporation, Plaintiff-Appellant, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 19, 1994.

Attorney(s) appearing for the Case

Glen Mullins, Oklahoma City, OK, for plaintiff-appellant.

Tom L. King (Linda P. Brown with him, on the briefs), King, Roberts & Beeler, Oklahoma City, OK, for defendant-appellee.

Before MOORE and KELLY, Circuit Judges, and KANE, District Judge.

JOHN P. MOORE, Circuit Judge.

Red Panther Chemical Company appeals the district court's grant of summary judgment in favor of the Insurance Company of Pennsylvania. We conclude judgment was improvidently granted and reverse.

Red Panther held a corporate general liability policy from which this litigation emanates with the Insurance Company. The controversy arose when the Insurance Company refused to defend Red Panther...

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