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SCHERSCHLIGT v. EMPIRE FIRE & MARINE INS. CO.

No. 80-1811.

662 F.2d 470 (1981)

JoAnn SCHERSCHLIGT and Lester Scherschligt, Appellants, v. EMPIRE FIRE & MARINE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 1, 1981.

Rehearing and Rehearing Denied October 26, 1981.

Attorney(s) appearing for the Case

Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, S. D., for appellants.

Steven W. Sanford, Cadwell, Brende & Sanford, Sioux Falls, S. D., for appellee.

Before McMILLIAN and ARNOLD, Circuit Judges; and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 26, 1981.

HANSON, Senior District Judge.

JoAnn and Lester Scherschligt appeal from a summary judgment for Empire Fire & Marine Insurance Company (hereinafter "Empire") in this diversity action upon a policy of farm liability insurance. The district court1 held that Empire did not breach a contractual duty to defend the former owner of the policy, one Earl Hansen (who assigned his...

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