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HARTFORD ACCIDENT & INDEM. CO. v. KUIPERS CONSTRUCTION CO.

No. 17426.

327 F.2d 333 (1964)

HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Corporation, Appellant, v. KUIPERS CONSTRUCTION COMPANY, Inc., a Corporation, and Midwestern Corporation, a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

February 12, 1964.

Attorney(s) appearing for the Case

Francis M. Smith, Sioux Falls, S. D., Melvin T. Woods, Howell L. Fuller and John B. Shultz, Sioux Falls, S. D., for appellant.

H. T. Fuller, Mitchell, S. D., Hugh Agor and Joseph Barnett, Aberdeen, S. D., for appellee Kuipers Const. Co.

Joseph H. Barnett, Aberdeen, S. D., Hugh Agor, Aberdeen, S. D., and H. T. Fuller, Mitchell, S. D., for appellee Midwestern Corporation.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an action for declaratory judgment presenting the question of liability coverage afforded the plaintiff Kuipers Construction Company, Inc. (Kuipers) by a policy issued to it by defendant Hartford Accident and Indemnity Company (Hartford). Jurisdiction exists by reason of diversity of citizenship and the requisite amount.

On April 17, 1962, a structural injury to a building located at Mankato, Minnesota,

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