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ST. JOSEPH LIGHT & POWER CO. v. ZURICH INS. CO.

Nos. 81-2430, 81-2431, 81-2432 and 82-1034.

698 F.2d 1351 (1983)

ST. JOSEPH LIGHT & POWER COMPANY, Appellant, v. ZURICH INSURANCE COMPANY, et al., Appellees. ZURICH INSURANCE COMPANY, Appellant and Third-Party Plaintiff, v. BLACK & VEATCH, Appellee and Third-Party Defendant. ST. JOSEPH LIGHT & POWER COMPANY, Appellee, v. CONTINENTAL INSURANCE COMPANY, et al., Appellants. ST. JOSEPH LIGHT & POWER COMPANY, Appellant, v. ZURICH INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 24, 1983.

Attorney(s) appearing for the Case

Lawrence L. McMullen, James M. Warden, Allan V. Hallquist, Kansas City, Mo., for third-party defendant-appellee Black & Veatch Consulting Engineers; Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., of counsel.

Richard J. Phelan, William T. Cahill, Terry M. Weyna, Chicago, Ill., James H. Ottman, Kansas City, Mo., for third-party plaintiff-appellant Zurich Insurance Co.; Phelan, Pope & John, Ltd., Chicago, Ill., Shook, Hardy & Bacon, Kansas City, Mo., of counsel.

Robert A. Downing, Stephen C. Carlson, Dennis R. Hansen, Chicago, Ill., for plaintiff-appellant St. Joseph Light & Power Co.; Sidley & Austin, Chicago, Ill., of counsel.

Before BRIGHT and ARNOLD, Circuit Judges, and MEREDITH, Senior District Judge.

BRIGHT, Circuit Judge.

This appeal arises out of a dispute between a public utility, St. Joseph's Light & Power Co. (SJLP), and several insurance companies over liability for damage to one of SJLP's boilers at its power plant in St. Joseph, Missouri. All but one of the parties appeal or cross-appeal from the judgment of the district court. For the reasons outlined below, we affirm in part and reverse in part.

I. Background.

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