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RSBI AEROSPACE, INC. v. AFFILIATED FM INS. CO.

No. 94-2706.

49 F.3d 399 (1995)

RSBI AEROSPACE, INC., Appellant, v. AFFILIATED FM INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 28, 1995.

Attorney(s) appearing for the Case

Marilyn Gussman, Kansas City, MO, argued (Thomas J. Cox, on the brief), for appellant.

Terrence R. Joy, Kansas City, MO, argued (William A. Webster and Patrick M. Reidy, on the brief), for appellee.

Before HANSEN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WILL, Senior District Judge.

WILL, Senior District Judge.

RSBI Aerospace, Inc. ("RSBI") brought this breach of insurance contract action against Affiliated FM Insurance Company ("Affiliated") after Affiliated denied RSBI's claim for lost inventory resulting from a fire at its office and warehouse. Affiliated brought a counterclaim against RSBI, alleging fraudulent misrepresentation, and then moved for summary judgment on both claims, arguing that the fire loss at issue was caused by an employee...

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