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FARMERS AND MERCHANTS BANK, v. ST. PAUL

No. 83-2245.

738 F.2d 269 (1984)

FARMERS AND MERCHANTS BANK OF HUNTSVILLE, MISSOURI, a Missouri banking corporation, Appellant, v. ST. PAUL SURPLUS LINES INSURANCE COMPANY, a Delaware corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1984.

Attorney(s) appearing for the Case

Cynthia A. Suter, Rex V. Gump, Hulen, Hulen, Tatlow & Gump, Moberly, Mo., for appellant.

Daniel T. Rabbitt, Brown, James & Rabbitt, P.C., St. Louis, Mo., for appellee.

Before ROSS, McMILLIAN, and ARNOLD, Circuit Judges.

PER CURIAM.

Farmers and Merchants Bank appeals from the trial court's judgment that the bank was not entitled to recover under an insurance policy issued by St. Paul Surplus Lines. Farmers and Merchants Bank held a mortgage on certain real property and improvements owned by LeRoy, Jane and John Gillan. On March 3, 1981, John Gillan intentionally started a fire which completely destroyed the building mortgaged to Farmers and Merchants Bank.

The premises were...

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