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SIPMA v. MASSACHUSETTS CAS. INS. CO.

No. 00-1289.

256 F.3d 1006 (2001)

Randy SIPMA, Plaintiff-Appellant, v. MASSACHUSETTS CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 17, 2001.

Attorney(s) appearing for the Case

James A. Carleo, Pueblo, Colorado, for Appellant.

Mark E. Schmidtke, Hoeppner, Wagner & Evans, LLP, Valparaiso, Indiana (Frederick W. Klann, White and Steele, P.C., Denver, Colorado, on the brief), for Appellee.

Before TACHA, Chief Judge, ANDERSON, and MURPHY, Circuit Judges.

TACHA, Chief Circuit Judge.

Mr. Sipma appeals the district court's order of summary judgment. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm, but on a different rationale than that relied upon by the district court. See Phelan v. Laramie County Community College Bd. of Trustees, 235 F.3d 1243, 1246 (10th Cir.2000).

I. Background

The facts in this case are uncontested. In 1993, Appellant...

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