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McDONALD v. SCHREINER, III

No. 99-6223.

260 F.3d 1211 (2001)

Albert C. MCDONALD, Plaintiff-Appellant, v. Carl S. SCHREINER, III, D.D.S.; Carl S. Schreiner, III, D.D.S. Inc., Defendants. Continental Casualty Company, A Foreign Corporation, Garnishee-Appellee.

United States Court of Appeals, Tenth Circuit.

August 10, 2001.

Attorney(s) appearing for the Case

Scott G. Robelen, Oklahoma City, Oklahoma, and Shawn D. Fulkerson of Fulkerson & Fulkerson, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

W. Michael Hill and Roger N. Butler, Jr., of Secrest, Hill & Folluo, Tulsa, Oklahoma, for Garnishee-Appellee.

Before BALDOCK and McWILLIAMS, Circuit Judges, and SHADUR, District Judge.

BALDOCK, Circuit Judge.

In 1998, Plaintiff Albert C. McDonald obtained a judgment in state court against Defendants, Dentist Carl S. Schreiner III and his business, in the amount of $1,135,000 for dental malpractice. The judgment also provided for an additional $237,300 in prejudgment interest pursuant to Okla. Stat. tit. 12, § 727. At the time of the judgment, Continental Casualty Company insured Defendants pursuant to a professional liability policy with a...

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