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BANKWEST v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 93-3282.

63 F.3d 974 (1995)

BANKWEST, a Kansas corporation, Plaintiff-Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 22, 1995.

Attorney(s) appearing for the Case

Jeffrey S. Nelson (William R. Sampson with him on the brief), Shook, Hardy & Bacon, Overland Park, KS for plaintiff-appellant.

Bruce B. Waugh (John K. Sherk and Carol Zuschek Smith with him on the brief), Gilliland & Hays, Kansas City, MO for defendant-appellee.

Before MOORE, BARRETT, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Plaintiff-appellant Bankwest appeals the district court's order granting summary judgment to defendant-appellee Fidelity Deposit Company of Maryland (Fidelity). The district court ruled that Fidelity had no duty to defend or indemnify Bankwest in conjunction with a lawsuit filed by two customers who alleged Bankwest had damaged their reputation. See Bankwest v. Fidelity & Deposit Co., 832 F.Supp. 313<...

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