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MID-CONTINENT CAS. CO. v. TRUE OIL CO.

No. 13-8006.

767 F.3d 1000 (2014)

MID-CONTINENT CASUALTY COMPANY, Plaintiff-Appellant, v. TRUE OIL COMPANY, a Wyoming partnership, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 18, 2014.

Attorney(s) appearing for the Case

Christopher W. Martin of Martin, Disiere, Jefferson & Wisdom, L.L.P., Houston, TX ( Patrick T. Holscher of Schwartz, Bon, Walker & Studer, LLC, Casper, WY, on the briefs), for Plaintiff-Appellant.

Scott P. Klosterman ( Patrick J. Murphy with him on the brief) of Williams, Porter, Day & Neville, P.C., Casper, WY, for Defendant-Appellee.

Before TYMKOVICH, SEYMOUR, and GORSUCH, Circuit Judges.

SEYMOUR, Circuit Judge.

Mid-Continent Casualty Company (Mid-Continent) brought this declaratory judgment action to ascertain the applicability to True Oil Company (True Oil) of Mid-Continent's commercial general liability (CGL) policy issued to Pennant Service Company (Pennant). The district court granted summary judgment to True Oil, determining Mid-Continent breached its duty to defend and indemnify True Oil in the underlying action against it by Pennant's employee...

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