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DRIVER MUSIC v. COMMERCIAL UNION INS.

Nos. 95-6171, 95-6202 and 95-6203.

94 F.3d 1428 (1996)

DRIVER MUSIC COMPANY, INC., Plaintiff-Appellee, Cross-Appellant, v. COMMERCIAL UNION INSURANCE COMPANIES, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

August 26, 1996.

Attorney(s) appearing for the Case

Tom King (Richard Glasgow, with him on the briefs), of King, Roberts & Beeler, Oklahoma City, Oklahoma (Christopher M. Bechhold and Jack F. Fuchs of Thompson, Hine and Flory, Cincinnati, Ohio, with him on the briefs), for Defendant-Appellant, Cross-Appellee.

Michael A. Taylor and H. Russell Wright, Jr. of Michael A. Taylor & Associates, Oklahoma City, Oklahoma (Jared Giddens of Self, Giddens & Lees, Inc., Oklahoma City, Oklahoma, with Mr. Taylor, on the briefs), for Plaintiff-Appellee, Cross-Appellant.

Before ANDERSON, McWILLIAMS, and ENGEL, Circuit Judges.

ENGEL, Circuit Judge.

Driver Music Company, Inc. ("Driver") appeals, and Commercial Union Insurance Company ("CUIC") cross-appeals, from various decisions of the district court in this fire-related insurance case. At issue is whether the court erred in (1) holding that Driver was the "prevailing party" in this action within the meaning of Okla. Stat. tit. 36 § 3629(B); (2) awarding prejudgment interest based on the entire...

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