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NOVELL, INC. v. FEDERAL INS. CO.

No. 97-4050.

141 F.3d 983 (1998)

NOVELL, INC., a Utah corporation, Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY, an Indiana corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 14, 1998.

Attorney(s) appearing for the Case

Robert D. Brugge, Spray, Gould & Bowers, Los Angeles, CA (Thomas R. Karrenberg and John P. Mullen, Anderson & Karrenberg, Salt Lake City, UT, with him on the brief), for appellant.

Timothy M. Thornton, Jr., Nelsen, Thompson, Pegue & Thornton, Santa Monica, CA (Malena Dobal, Nelsen, Thompson, Pegue & Thornton, Santa Monica, CA, and Donald Purser, Donald Purser & Associates, Salt Lake City, UT, with him on the brief), for appellee.

Before BRISCOE, McWILLIAMS, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff filed this action against its general liability insurance carrier for declaratory relief and damages arising out of defendant's alleged failure to defend plaintiff. On cross-motions for summary judgment, the district court entered judgment in favor of defendant. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

Novell, Inc. merged with WordPerfect Corporation, acquiring its assets, stock,...

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