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HUTH v. HARTFORD INS. CO. OF THE MIDWEST

No. 01-16294.

298 F.3d 800 (2002)

Catt Michele HUTH, an individual, Plaintiff-Appellee, v. The HARTFORD INSURANCE COMPANY OF THE MIDWEST, an Indiana corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2002.

Attorney(s) appearing for the Case

Steven Plitt and Daniel Maldonado, Sanders & Parks, Phoenix, AR, for the defendant-appellant.

G. David Gage, Gage & Mathers, Phoenix, AR, for the plaintiff-appellee.

Before LAY, THOMPSON and TALLMAN, Circuit Judges.

OPINION

LAY, Circuit Judge.

On October 31, 2000, Hartford Insurance Company filed a federal declaratory judgment action seeking a declaration that Catt Michele Huth is not entitled to under-insured motorist benefits under her mother's policy because she was not a resident of her mother's household at the time of her automobile accident. On November 8, 2000, Huth filed a similar declaratory judgment action...

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