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VALLEY IMP. ASS'N, INC. v. U.S. FIDELITY & GUAR.

Nos. 95-2144, 95-2154.

129 F.3d 1108 (1997)

VALLEY IMPROVEMENT ASSOCIATION, INC., formerly known as Horizon Communities Improvement Association of New Mexico, Inc., Plaintiff-AppelleeCross-Appellant, and Insurance Company of North America, Plaintiff-Intervenor-Appellee, v. UNITED STATES FIDELITY AND GUARANTY CORPORATION, Defendant-AppellantCross-Appellee.

United States Court of Appeals, Tenth Circuit.

November 13, 1997.

Attorney(s) appearing for the Case

John M. Eaves (David A. Garcia and Lisabeth L. Occhialino with him on the brief), of Eaves, Bardacke & Baugh, P.A., Albuquerque, New Mexico, for Appellee and Cross-Appellant Valley Improvement Association of New Mexico, Inc.

Alan R. Wilson (Lawrence M. Glenn and Christina Gratke Nason with him on the brief), of Dines, Wilson & Gross, P.C., Albuquerque, New Mexico, for Appellee Insurance Company of North America.

Joe A. Sturges (Matthew P. Holt with him on the brief), of Sager, Curran, Sturges & Tepper, P.C., Albuquerque, New Mexico, for Appellant and Cross-Appellee United States Fidelity & Guaranty Company.

Before KELLY, HOLLOWAY, and WEIS, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff-appellee/cross-appellant Valley Improvement Association, Inc. (hereinafter VIA or the insured) brought a state court declaratory judgment action in New Mexico against defendant-appellant/cross-appellee United States Fidelity & Guaranty Corporation (hereinafter USF & G) which was removed to federal court and consolidated with other declaratory actions. These consolidated actions concerned whether VIA's general liability insurance...

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