The Western Insurance Company v. Cimarron Pipe Line Construction, Inc. A/K/A Cimarron Pipe Line Construction Company, and Phillips Petroleum Company

McWilliams, circuit judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

Western Insurance Company brought suit in the United States District Court for the Northern District of Oklahoma against Cimarron Pipeline Construction, Inc., and sought a declaratory judgment that the insurance policy which it had issued Cimar-ron on February 1, 1978,…