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CENTURY INDEM. CO. v. McGILLACUTY'S, INC.

No. 86-2374.

820 F.2d 269 (1987)

CENTURY INDEMNITY CO., Appellant, v. McGILLACUTY'S, INC., David Kennedy and Cindy Kennedy, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1987.

Attorney(s) appearing for the Case

Ted L. Perryman, St. Louis, Mo., for appellant.

Joseph H. Moore, Kansas City, Mo., for appellees.

Before McMILLIAN, JOHN R. GIBSON and WOLLMAN, Circuit Judges.

PER CURIAM.

Century Indemnity Company appeals from the district court's1 dismissal without prejudice of its declaratory judgment suit. Century Indemnity issued a liability insurance excess policy to McGillacuty's, Inc. After a slip and fall accident on the premises at McGillacuty's restaurant, it brought this action for a declaration that its policy did not provide coverage to McGillacuty's after...

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