FIRST FINANCIAL INS. CO. v. ROACH

Nos. 95-6216, 95-6217 and 95-6222.

80 F.3d 426 (1996)

FIRST FINANCIAL INSURANCE COMPANY, Plaintiff-Appellee, v. Marilyn I. ROACH; Joy Warren, Defendants-Appellants, and John A. McClung, doing business as Pond Creek Country Club; Donald F. Dennis; Dennis Plumbing Company; The Estate of Orville Virgil Rathjen; Jimmy D. Enterprises, Ltd., doing business as Frisco Bar; James A. Dempewolf; Brenda Carr, individually, and as guardian of the person and Estate of Shane J. Dillon, a surviving minor child, and as surviving parent of Jodi Lee Dillon, deceased, and as surviving parent of Katie Alison Dunsworth, deceased, Defendants. FIRST FINANCIAL INSURANCE COMPANY, Plaintiff-Appellee, v. Marilyn I. ROACH; Joy Warren; Donald F. Dennis; Dennis Plumbing Company; The Estate of Orville Virgil Rathjen; Brenda Carr, individually, and as guardian of the person and Estate of Shane J. Dillon, a surviving minor child, and as surviving parent of Jodi Lee Dillon, deceased, and as surviving parent of Katie Alison Dunsworth, deceased, Defendants, and John A. McClung, doing business as Pond Creek Country Club; Jimmy D. Enterprises, Ltd., doing business as Frisco Bar; James A. Dempewolf, Defendants-Appellants. FIRST FINANCIAL INSURANCE COMPANY, Plaintiff-Appellee, v. Marilyn I. ROACH; Joy Warren; John A. McClung, doing business as Pond Creek Country Club; Donald F. Dennis; Dennis Plumbing Company; The Estate of Orville Virgil Rathjen; Jimmy D. Enterprises, Ltd., doing business as Frisco Bar; James A. Dempewolf, Defendants, and Brenda Carr, individually, and as guardian of the person and Estate of Shane J. Dillon, a surviving minor child, and as surviving parent of Jodi Lee Dillon, deceased, and as surviving parent of Katie Alison Dunsworth, deceased, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 1, 1996.


Attorney(s) appearing for the Case

Gerald E. Durbin, David B. Donchin and J. John Hager, Jr., of Durbin, Larimore & Bialick, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Stephen Jones and Michael D. Roberts of Jones, Wyatt & Roberts, Enid, Oklahoma, for Defendants-Appellants Jimmy D. Enterprises, Ltd., doing business as Frisco Bar, James A. Dempewolf, and John A. McClung, doing business as Pond Creek Country Club.

Craig L. Box of Gungoll, Jackson, Collins & Box, Enid, Oklahoma, for Defendant-Appellant Brenda Carr.

Sarah J. Rhodes and Philip Bohanon, of Abowitz & Rhodes, P.C., Oklahoma City, Oklahoma, for Defendants-Appellants Marilyn I. Roach and Joy Warren.

Before BRORBY, HOLLOWAY, and HENRY, Circuit Judges.


HOLLOWAY, Circuit Judge.

These consolidated appeals arise from the district court's grant of summary judgment in a declaratory judgment action, based on diversity of citizenship, filed by plaintiff First Financial Insurance Company (First Financial).1 Plaintiff sought a determination as to whether insurance policies issued to appellant John McClung d/b/a Pond Creek Country Club and appellant Jimmy...

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