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PARK UNIVERSITY ENTERPRISES, INC. v. AMERICAN CAS. CO.

No. 04-3197.

442 F.3d 1239 (2006)

PARK UNIVERSITY ENTERPRISES, INC., Plaintiff-Appellee, v. AMERICAN CASUALTY COMPANY OF READING, PA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 27, 2006.

Attorney(s) appearing for the Case

Andrew Butz of Bonner Kiernan Trebach & Crociata, Washington, DC (William H. White, Jr. and Jeffrey M. Koonankeil of Bonner Kiernan Trebach & Crociata, Washington, DC; and Barry W. McCormick of McCormick, Adam & Long, Overland Park, KS, with him on the briefs), for Defendant-Appellant.

Thomas M. Van Camp of Van Camp, Meacham & Newman, PLLC, Pinehurst, NC (Heywood H. Davis of Dicus, Davis, Sands & Collins, PC, Kansas City, MO, with him on the brief), for Plaintiff-Appellee.

Before BRISCOE, SEYMOUR, and ANDERSON, Circuit Judges.

SEYMOUR, Circuit Judge.

Park University Enterprises, Inc. (Park University) was sued in a state court class action by JC Hauling Company (JC Hauling) for alleged violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, a federal statute that bans unsolicited fax advertisements. Park University's insurer, American Casualty Company of Reading, Pa. (American), declined to provide any defense or coverage in the action. Park University filed this...

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