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ST. PAUL FIRE & MARINE INS. CO. v. McBRAYER

No. 85-5431.

801 F.2d 1012 (1986)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellee, v. Catherine McBRAYER, and Robert Davis, d/b/a Steakhouse Cafe, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 22, 1986.

Rehearing Denied October 16, 1986.

Attorney(s) appearing for the Case

Mitchell C. LaFleur, Rapid City, S.D., for appellant.

Wayne F. Gilbert, Rapid City, S.D., for appellee.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and REGAN, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

Catherine McBrayer appeals from a judgment entered against her on St. Paul Fire & Marine Insurance Company's declaratory judgment action. McBrayer was injured when her employer, Robert Davis, grabbed hold of her and ushered her out of his restaurant in which she was employed. She settled her claim for personal injuries against Davis on the basis that any judgment would be collectible only from St. Paul, Davis' liability insurer....

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