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MID-CONTINENT v. VILLAGE AT DEER CREEK HOMEOWNERS

No. 11-3367.

685 F.3d 977 (2012)

MID-CONTINENT CASUALTY COMPANY, Plaintiff-Appellant, v. The VILLAGE AT DEER CREEK HOMEOWNERS ASSOCIATION, INC., Defendant-Appellee, and Daniel J. Barnard; Greater Midwest Builders, Ltd., Defendants.

United States Court of Appeals, Tenth Circuit.

July 18, 2012.

Attorney(s) appearing for the Case

Diane K. Watkins , Wagstaff & Cartmell, LLP, Kansas City, MO ( Vincent F. O'Flaherty , Law Offices of Vincent F. O'Flaherty, Attorney, LLC, Kansas City, MO, and Adam S. Davis , Wagstaff & Cartmell, LLP, Kansas City, MO, on the briefs), for Plaintiff-Appellant.

John R. Weist ( Scott C. Long with him on the brief), Long & Luder, P.A., Overland Park, KS, for Defendant-Appellee.

Before KELLY, MURPHY, and HARTZ, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Plaintiff-Appellant Mid-Continent Casualty Company ("Mid-Continent") brought a declaratory judgment action in the United States District Court for the District of Kansas, seeking determination of its coverage obligations related to construction defect litigation. Defendant-Appellee, The Village at Deer Creek Homeowners Association, Inc. (the "Association"), moved to dismiss, requesting that the district court not exercise...

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