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OLD REPUBLIC INS. CO. v. DURANGO AIR SERVICE, INC.

No. 01-1051.

283 F.3d 1222 (2002)

OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, Plaintiff-Appellant, v. DURANGO AIR SERVICE, INC., a Colorado corporation; Donley E. Watkins; Ellen Roberts, as Personal Representative of the Estate of Morten Borcher; Jamie L. Ross, individually and as surviving spouse of Colt H. Ross, deceased, and as natural parent of Jaylie B. Ross and Jaida S. Ross, minor children of Colt H. Ross; Crystal L. Ross, individually and as surviving spouse of Jon Dirk Ross, deceased, and as natural parent of Jon Talon Ross, Tessa M. Ross, Starr L. Ross, and Cash D. Ross, minor children of Jon Dirk Ross; Amber Anne Ross; and Brandi L. Ross, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 15, 2002.

Attorney(s) appearing for the Case

John W. Grund; Della S. Nelson, with him on the briefs, Grund & Breslau, P.C., Denver, CO, for Plaintiff-Appellant.

Zane R. Moseley of Zarlengo, Mott, Zarlengo & Winbourn, P.C., Denver, CO, for Defendant-Appellee Durango Air Service, Inc.; John D. McClune of Schaden, Katzman, Lampert & McClune, Broomfield, CO, for the Ross Defendants-Appellees; Reed L. Winbourn of Zarlengo, Mott, Zarlengo & Winbourn, P.C., Denver, CO; Bruce A. Lampert of Schaden, Katzman, Lampert & McClune, Broomfield, Colorado; and G. Raymond Goodwin of Watrous Ehlers Mielke & Goodwin, P.C., Littleton, CO, with them on the briefs, for Defendants-Appellees.

Before TACHA, Chief Judge, GARTH, and BRISCOE, Circuit Judges.

GARTH, Circuit Judge.

This appeal involves the interpretation of two insurance policies after a fatal airplane crash. Although we initially determined that we did not have proper appellate jurisdiction over the matters presented, that infirmity has since been cured by an agreement of the parties to dismiss with prejudice any claims outstanding in the district court. On the merits, we now affirm the district court's decision granting summary judgment in favor of the...

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