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CAROLINA CAS. INS. CO. v. YEATES

No. 07-4019.

584 F.3d 868 (2009)

CAROLINA CASUALTY INSURANCE COMPANY, Plaintiffs-Appellants, v. Tymer YEATES and Shari Yeates, Defendants-Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 3, 2009.

Attorney(s) appearing for the Case

R. Clay Porter, Dennis, Corry, Porter & Smith, L.L.P., Atlanta, GA (Beth R. Holck, Dennis, Corry, Porter & Smith, L.L.P., Atlanta, GA; Heinz J. Mahler and Stephen D. Kelson, Kipp and Christian, P.C., Salt Lake City, UT, with him on the briefs), for Appellant.

Jesse C. Trentadue, Suitter Axland, PLLC, Salt Lake City, UT, for Appellees.

H. Thomas Byron III, Appellate Staff Attorney, United States Department of Justice, Civil Division, Washington, DC (Michael F. Hertz, Acting Assistant Attorney General, Brett L. Tolman, United States Attorney, and Scott R. McIntosh, Appellate Staff Attorney, United States Department of Justice, Civil Division, Washington, DC; Rosalind A. Knapp, Acting General Counsel, Paul M. Geier, Assistant General Counsel, David K. Tochen, Acting Chief Counsel, Debra S. Straus, Attorney, Federal Motor Carrier Safety Administration, United States Department of Transportation, Washington, District of Columbia, with him on the brief) for Amicus Curiae.

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

TYMKOVICH, Circuit Judge.

We granted en banc rehearing to reconsider our precedent concerning the scope and application of federally mandated insurance for interstate commercial motor carriers. See Carolina Cas. Ins. Co. v. Yeates, 533 F.3d 1202 (10th Cir.2008) (applying Empire Fire & Marine Ins. Co. v. Guar. Nat'l Ins. Co., 868 F.2d 357 (10th Cir.1989)).

Federal regulations...

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