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CAROLINA CAS. INS. CO. v. YEATES

No. 07-4019.

545 F.3d 915 (2008)

CAROLINA CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. Tymer YEATES; Shari Yeates, Defendants-Appellees. Trucking Industry Defense Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 30, 2008.

Attorney(s) appearing for the Case

Heinz J. Mahler, Stephen D. Kelson, Kipp and Christian, Salt Lake City, UT, for Plaintiff-Appellant.

Jesse C. Trentadue, Suitter & Axland, Salt Lake City, UT, for Defendants-Appellees.

Before HENRY, Chief Judge, TACHA, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH and HOLMES, Circuit Judges.

ORDER

This matter is before the Court on appellant's petition for rehearing en banc. Upon consideration, the petition is granted. On or before Friday December 12, 2008, Appellant Carolina Casualty shall file a supplemental brief addressing:

Whether this Court's holding in Empire Fire & Marine Ins. Co. v. Guaranty National Ins. Co., 868 F.2d 357 (10th Cir.1989), that...

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