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FIREMAN'S FUND INS. CO. v. THYSSEN MIN. CONST.

No. 12-2021.

703 F.3d 488 (2012)

FIREMAN'S FUND INSURANCE COMPANY; Zurich Insurance Company, Ltd., as Subrogees to Boart Longyear, Inc., Plaintiffs-Appellants, v. THYSSEN MINING CONSTRUCTION OF CANADA, LTD.; Mudjatik Thyssen Mining Joint Venture, Defendants-Appellees, and Cominco Engineering Services, Ltd., Does 1-10 Inclusive, Defendant.

United States Court of Appeals, Tenth Circuit.

December 19, 2012.

Attorney(s) appearing for the Case

Thomas M. Dunford , Cozen O'Connor, Denver, CO, appearing for Appellants.

Jennifer L. Collins , ( Ada B. Priest , with her on the brief), Madison & Mroz, P.A., Albuquerque, NM, appearing for Appellees.

Before MURPHY, EBEL, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

Fireman's Fund Insurance Company and Zurich Insurance Company Ltd. (collectively "Plaintiffs"), as subrogees of Boart Longyear, Inc., sued Thyssen Mining Construction of Canada Ltd. ("Thyssen") and Mudjatik Thyssen Mining Joint Venture ("MTM") (collectively "Defendants") in New Mexico for negligence relating to the collapse of a mine that MTM was excavating in Canada. The district court dismissed MTM for lack of personal jurisdiction and dismissed...

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