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FARMERS ALLIANCE MUT. INS. CO. v. SALAZAR

Nos. 95-6111, 95-6119.

77 F.3d 1291 (1996)

FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant and Cross-Appellee, v. Ofelia SALAZAR, a/k/a Ofelia Lopez Corrales; Margarito Salazar; Manuel Jesus Corrales, Defendants-Appellees, Loretta J. Byus, Administratrix of the Estate of Thomas Edward Byus, deceased, Intervenor-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

March 12, 1996.

Attorney(s) appearing for the Case

Glynis C. Edgar (Reggie N. Whitten with her on the briefs), of Mills & Whitten, Oklahoma City, Oklahoma, for Plaintiff-Appellant and Cross-Appellee.

Patrick E. Carr (Sidney A. Martin II of Carr & Carr Attorneys, Tulsa, Oklahoma, and Tye H. Smith, Oklahoma City, Oklahoma, with him on the briefs), of Carr & Carr Attorneys, Tulsa, Oklahoma, for Defendants-Appellees.

Larry Derryberry, Robert N. Naifeh, Jr., and Gladys E. Cherry, of Derryberry, Quigley, Parrish, Solomon & Blankenship, Oklahoma City, Oklahoma, amicus curiae for American Ins. Ass'n.

Before BALDOCK, BRORBY and KELLY, Circuit Judges.

BRORBY, Circuit Judge.

This case asks us to delineate the coverage limits of a homeowner's insurance policy issued by Farmers Alliance Mutual Insurance Company ("Farmers Alliance") to Ofelia Salazar ("Ms. Salazar"). The dispute arose out of an incident in which Ms. Salazar's son, Manuel Jesus Corrales, participated in the murder of a boy named Thomas Byus. Farmers Alliance brought suit seeking a declaratory judgment that it has no duty to defend or indemnify Ms. Salazar...

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