DECKER PLASTICS INC. v. WEST BEND MUT. INS. CO.

No. 15-2861.

833 F.3d 986 (2016)

DECKER PLASTICS INC., Plaintiff-Appellant v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 19, 2016.


Attorney(s) appearing for the Case

Counsel who represented the appellant was Thomas M. Locher , of Omaha, NE., Douglas W. Kremer of Omaha, NE.

Counsel who represented the appellee was John F. Lorentzen , of Des Moines, IA., Amanda Marie Atherton of Des Moines, IA.

Before LOKEN, BYE, and KELLY, Circuit Judges.


At the time in question, Al's, Inc. of Storm Lake, Iowa ("A1's"), packaged and sold landscaping materials. Decker Plastics Corp. ("Decker") sold plastic bags to A1's that A1's filled with landscaping materials (sand and rock) and stored outdoors for sale to its customers. Because Decker failed to manufacture...

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