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INTERN. SURPLUS LINES v. WYO. COAL REFINING SYSTEMS

Nos. 94-8052, 94-8053.

52 F.3d 901 (1995)

INTERNATIONAL SURPLUS LINES INSURANCE COMPANY, an Illinois corporation, Plaintiff-Counter-Defendant-Appellee, v. WYOMING COAL REFINING SYSTEMS, INC., a Wyoming corporation, fdba Char-Fuels of Wyoming, Inc.; Char-Fuels Associates, Ltd., a Wyoming limited partnership, Defendants, and University of Wyoming Research Corporation, aka University of Wyoming Research Institute, Defendant-Counter-Claimant-Appellant. INTERNATIONAL SURPLUS LINES INSURANCE COMPANY, an Illinois corporation, Plaintiff-Counter-Defendant-Appellee, v. WYOMING COAL REFINING SYSTEMS, INC., a Wyoming corporation, fdba Char-Fuels of Wyoming, Inc.; Char-Fuels Associates, Ltd., a Wyoming limited partnership, Defendants-Appellants, and University of Wyoming Research Corporation, aka University of Wyoming Research Institute, Defendant-Counter-Claimant.

United States Court of Appeals, Tenth Circuit.

April 27, 1995.

Attorney(s) appearing for the Case

Peter G. Thompson (John R. Gerstein, Kevin M. LaCroix, and William E. O'Brian of Ross, Dixon & Masback, Washington, DC, John B. Speight and Michael Rosenthal of Hathaway, Speight, Kunz & Trautwein, Cheyenne, WY, with him on the brief) of Ross, Dixon & Masback, Washington, DC, for plaintiff-appellee.

Raymond B. Hunkins of Jones, Jones, Vines & Hunkins, Wheatland, WY, for Wyoming Coal Refining Systems, Inc. and CharFuels Associates, Ltd. (John E. Stanfield and Bruce B. Waters of Smith, Stanfield & Scott, Laramie, WY, with him on the brief, for University of Wyoming Research Corp.)

Before BRORBY, Circuit Judge, McKAY, Senior Circuit Judge, and OWEN, Senior District Judge.

BRORBY, Circuit Judge.

An insurer sought a declaration from the federal district court that it had no duty to defend or insure an underlying state cause of action. The insured party cross-claimed for a determination of bad faith on the part of the insurer. The district court granted summary judgment in favor of the insurer on each of the issues.

BACKGROUND

Following is a brief summary of the relevant, undisputed facts. The University of Wyoming Research...

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