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ADVANTAGE HOMEBUILDING, LLC v. MARYLAND CAS. CO.

No. 05-3200.

470 F.3d 1003 (2006)

ADVANTAGE HOMEBUILDING, LLC., Plaintiff-Appellant, Assurance Company of America, Defendant, v. MARYLAND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 13, 2006.

Attorney(s) appearing for the Case

Eric G. Kraft, Duggan, Shadwick, Doerr & Kurlbaum, Overland Park, KS, for Plaintiff-Appellant.

Craig N. Johnson, Kutak Rock LLP, Denver, Colorado (Bradley J. Baumgart and Michael E. Brown, Kutak Rock LLP, Kansas City, MO, with him on the brief), for Defendant-Appellee.

Before KELLY, McKAY, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Advantage Homebuilding, Inc. (Advantage) filed this action against defendant Maryland Casualty Company (Maryland) seeking a declaratory judgment that Maryland had a duty, under a commercial general liability insurance policy, to defend Advantage in a lawsuit brought against Advantage in Kansas state court. The district court entered judgment in favor of Maryland. Advantage now appeals. We exercise jurisdiction pursuant to 28 U.S.C...

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