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MGA INS. CO. INC. v. FISHER-ROUNDTREE

Nos. 97-6391, 97-6414.

159 F.3d 1293 (1998)

MGA INSURANCE COMPANY INC., Plaintiff-Appellee, v. Kathleen Estelle FISHER-ROUNDTREE, Defendant-Appellant, and Carlton A. Wiggins; Martha Wiggins, individually and d/b/a Noble Propane Company, Defendants. MGA INSURANCE COMPANY INC., Plaintiff-Appellee, v. Carlton A. WIGGINS; Martha Wiggins, individually and d/b/a Noble Propane Company, Defendants-Appellants, and Kathleen Estelle Fisher-Roundtree, Defendant.

United States Court of Appeals, Tenth Circuit.

October 30, 1998.

Attorney(s) appearing for the Case

Harry A. Parrish, Knight, Wilkerson, Parrish, Wassall & Warman, Tulsa, OK, for Plaintiff-Appellee.

Gary C. Bachman and J.R. "Randy" Baker, Holloway, Dobson, Hudson, Bachman, Alden, Jennings & Holloway, Inc., Oklahoma City, OK, for Defendant-Appellant Kathleen Estelle Fisher-Roundtree.

David C. Johnston, Jr., Law Office of David C. Johnston, Jr., P.C., Oklahoma City, OK, for Defendants-Appellants Carlton A. Wiggins and Martha Wiggins, individually and d/b/a Nobel Propane Company.

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

PER CURIAM.

Plaintiff MGA Insurance Company brought this diversity action under 28 U.S.C. § 2201 seeking a judgment declaring that the insurance policy it issued to defendants Carlton and Martha Wiggins did not cover the injuries suffered by defendant Kathleen Fisher-Roundtree allegedly caused by the Wiggins' negligence. The district court granted summary judgment in MGA's favor, and defendants appeal. Reviewing the district court's grant of summary judgment...

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