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ALLSTATE INS. CO. v. MURRAY MOTOR IMPORTS CO.

No. 02-1500.

357 F.3d 1135 (2004)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. MURRAY MOTOR IMPORTS CO. and American Hardware Insurance Group, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 4, 2004.

Attorney(s) appearing for the Case

James R. Florey, Jr., Centennial, CO, for Defendants-Appellants.

Wendelyn K. Walberg of Walberg, Dagner & Tucker, P.C., Englewood, CO, for Plaintiff-Appellee.

Before MURPHY, PORFILIO, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Appellant Murray Motor Imports Co., an automobile dealership in Denver, Colorado, maintains a small fleet of "loaner" vehicles for the use of customers whose cars are being serviced by the dealership. On July 24, 1997, Lloyd K. Nelson, Murray Motor's service manager, drove a loaner vehicle off the lot when he left for the evening. After stopping at a local bar on the way home, Mr. Nelson collided with Daren Lay, causing damage to both vehicles...

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