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PRUDENTIAL INS. CO. OF AMERICA v. DOE

Nos. 97-1797, 97-1955.

140 F.3d 785 (1998)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. John DOE, Individually and as parent and guardian ad litem for Jane Doe, a minor, Appellee. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee, v. John DOE, Individually and as parent and guardian ad litem for Jane Doe, a minor, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 6, 1998.

Rehearing Denied May 8, 1998.

Attorney(s) appearing for the Case

Richard Joseph Pautler, St. Louis, MO, argued (Lewis R. Mills, on the brief), for Appellant.

Ronald A. Norwood, St. Louis, MO, argued (John M. Hessel, on the brief), for Appellee.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT and WOLLMAN, Circuit Judges.

WOLLMAN, Circuit Judge.

The Prudential Insurance Company of America (Prudential) appeals the district court's order dismissing Count II of its second amended complaint. John Doe and Jane Doe1 appeal the district court's grant of summary judgment on Count I of that complaint. We reverse the district court's dismissal of Count II and remand for further proceedings; we affirm the order granting summary judgment on Count I.

I.

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