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HOUSTON GENERAL INS. CO. v. AMERICAN FENCE CO.

No. 96-6197.

115 F.3d 805 (1997)

HOUSTON GENERAL INSURANCE COMPANY, Plaintiff-Appellee, v. AMERICAN FENCE COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 12, 1997.

Attorney(s) appearing for the Case

Robert B. Mills and Don R. Martin, Mills & Whitten, Oklahoma City, OK, for Plaintiff-Appellee.

Joseph J. Reinke, Oklahoma City, OK, for Defendant-Appellant.

Before EBEL, HENRY, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

Defendant American Fence Company, Inc. appeals from a summary judgment granting declaratory relief for plaintiff Houston General Insurance Company.1 The only issue presented is whether the district court was correct in concluding that a personal vehicle being driven by an American Fence employee did not constitute a "covered `auto'" under the temporary substitute auto provision of an insurance policy issued to American...

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