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MITCHELL v. STATE FARM FIRE AND CAS. CO.

No. 92-1208.

15 F.3d 959 (1994)

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

United States Court of Appeals, Tenth Circuit.

Rehearing and Suggestion for Rehearing Denied 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, Colorado, for plaintiffs-appellees.

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

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

Rehearing and Suggestion for Rehearing En Banc Denied April 12, 1994.*

McWILLIAMS, Senior Circuit Judge.

This controversy has its genesis in a fire occurring on May 27, 1985, which totally destroyed a condominium located in Mt. Crested Butte, Colorado. At the time of the fire, the condominium was owned by Richard Mitchell and Larry Cotten ("Mitchell and Cotten"), and State Farm Fire and Casualty Company ("State Farm") had previously...

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