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PREWITT v. NUMISMATIC FUNDING CORP.

No. 84-1163.

745 F.2d 1175 (1984)

Frederick R. PREWITT, Appellee, v. NUMISMATIC FUNDING CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 5, 1984.

Rehearing Denied October 29, 1984.

Attorney(s) appearing for the Case

Chused, Bini, Kohn & Feldmann, P.C., F. Terrell Eckert, Jr., Bruce Talen, St. Louis, Mo., for appellant.

Husch, Eppenberger, Donohue, Elson & Cornfeld, Harry B. Wilson, Jr., Rodney W. Sippel, St. Louis, Mo., for appellee.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

Frederick R. Prewitt brought this declaratory judgment action against the Numismatic Funding Corporation (Numismatic) seeking a determination that the risk of loss of valuable coins sent by Numismatic to Prewitt and returned by him via mail remained with Numismatic notwithstanding that the coins were underinsured in the return mailing. Numismatic counterclaimed for the value of the coins. The district court granted Prewitt declaratory relief...

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