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EMPLOYERS MUT. CAS. CO. v. BARTILE ROOFS, INC.

Nos. 08-8064, 08-8068.

618 F.3d 1153 (2010)

EMPLOYERS MUTUAL CASUALTY COMPANY, an Iowa corporation, Plaintiff-Appellee/Cross-Appellant, v. BARTILE ROOFS, INC., a Utah corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 7, 2010.

Attorney(s) appearing for the Case

Jack W. Reed , Peterson Reed Warlaumont & Stout, Salt Lake City, UT, for Defendant-Appellant/Cross-Appellee.

Robert C. Evans , Evans & Co., Durango, CO, for Plaintiff-Appellee/Cross-Appellant.

Before MURPHY and HOLMES, Circuit Judges, and POLLAK, District Judge.

HOLMES, Circuit Judge.

This appeal arises out of an insurance dispute involving the construction of a luxury hotel in the vicinity of Jackson Hole, Wyoming. Employers Mutual Casualty Co. ("EMC") brought a diversity action in federal district court, pursuant to 28 U.S.C. §§ 1332 and 2201, requesting a declaratory judgment as to its duty to defend or indemnify Bartile Roofs, Inc. ("Bartile"), against claims pending in California state court. EMC also sought...

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