United States Tenth Circuit

A claim that a seller shipped damaged goods to a buyer is a contract claim for purposes of coverage under comprehensive general liability policy, and plaintiff's amendment of the suit to include claim for negligence will not change the nature of the claim.

Appellate Information

• Decided 08/28/2001
• Published 08/28/2001

Judges

• MURPHY, Circuit Judge., Before EBEL, ANDERSON, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Bill V. Wilkinson, (Andrew P. DeCann, with him on the briefs), Wilkinson Law Firm, Tulsa, OK, for Plaintiffs-Appellants.


• For Appellees:
  
• John H. Tucker, (Kerry R. Lewis, with him on the brief), Rhodes, Heironymus, Jones, Tucker & Gable, Tulsa, OK, for Defendants-Appellees.