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LOVELL v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

No. 04-1429.

466 F.3d 893 (2006)

LOIS LOVELL, Plaintiff-Appellant v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 18, 2006

Attorney(s) appearing for the Case

Michael G. Sawaya (Donald J. Banovitz with him on the briefs), Sawaya, Rose & Sawaya, P.C., Denver, Colorado for Plaintiff-Appellant.

Heather Perkins (Michael S. McCarthy and Michael S. Freeman with her on the briefs), Faegre & Benson, LLP, Denver, Colorado for Defendant-Appellee.

Before KELLY and BRISCOE, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

I. BACKGROUND

Plaintiffs below, Lois Lovell and Floyd Gibson,1 brought a putative class action lawsuit in Colorado state court seeking reimbursement from their automobile insurer, State Farm Mutual Automobile Insurance Company ("State Farm"), for the diminution in value of their vehicles. Lovell and Gibson were involved in separate automobile collisions in which their vehicles were damaged. Each vehicle...

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