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BIEBEL BROS., INC. v. UNITED STATES FIDELITY & G. CO.

No. 75-1026.

522 F.2d 1207 (1975)

BIEBEL BROTHERS, INC., Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1975.

Rehearing and Rehearing Denied September 29, 1975.

Attorney(s) appearing for the Case

Doris J. Banta, St. Louis, Mo., for appellant.

Richard J. Sheehan, Clayton, Mo., for appellee.

Before BRIGHT, Circuit Judge, KILKENNY, Senior Circuit Judge, and WEBSTER, Circuit Judge.

Rehearing and Rehearing En Banc Denied September 29, 1975.

KILKENNY, Circuit Judge.

Appellant appeals from a summary judgment of liability on an insurance policy and the resultant award of damages in favor of appellee. We reverse.

FACTUAL BACKGROUND

Appellee, operating in its business as a roofing contractor, entered into a contract to install roofing on a building under construction in St. Louis County, Missouri. Under the terms of the contract...

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