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BRANCH v. FARMERS INS. CO., INC.

No. 00-6385.

311 F.3d 1241 (2002)

Eldon Carl BRANCH, Plaintiff-Appellant, v. FARMERS INSURANCE COMPANY, INC., and Farmers Group, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 20, 2002.

Attorney(s) appearing for the Case

Michael W. Hinkle, Oklahoma City, OK, and Shannon L. Edwards of Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, OK (Gary B. Homsey and Kevin Hill of Homsey, Cooper, Hill & Associates, Oklahoma City, OK, with them on the briefs), for Plaintiff-Appellant.

Eric S. Eissenstat of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK (Burck Bailey and Dino E. Viera of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK, and Gary S. Chilton of Holladay, Chilton & DeGiusti, Oklahoma City, OK, with him on the brief), for Defendants-Appellees.

Before EBEL, McKAY, and CUDAHY, Circuit Judges.

McKAY, Circuit Judge.

Appellant Branch owned rental property insured against various hazards including hail by Appellee Farmers Insurance Company, Inc. Appellant's roof suffered hail damage during the Fall of 1998. Appellant, unsatisfied with the method Appellees employed in determining the amount of payment due Appellant, brought suit in the United States District Court for the Western District of Oklahoma. The district court granted summary judgment to Appellees...

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