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SAFECO INS. CO. OF AM. v. W.B. BROWNING CONST.

No. 88-6364.

886 F.2d 807 (1989)

SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. W.B. BROWNING CONSTRUCTION CO., INC., et al., Defendants, JPB Enterprises, Inc., d/b/a Courion Industries, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1989.

Attorney(s) appearing for the Case

Charles F. Wilson, Jr., Pikeville, Ky., McNeill Stokes (argued), Atlanta, Ga., for plaintiff-appellant.

Danny C. Reeves, Holland N. McTyeire, Greenebaum, Doll & McDonald, Lexington, Ky., Stephen M. Cockriel (argued), Greensfelder, Hemker, Wiese, Gale & Chappelow, St. Louis, Mo., for defendants and defendant-appellee.

Before WELLFORD, GUY and BOGGS, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

Safeco Insurance Company of America (Safeco) appeals the grant of summary judgment in favor of defendant JPB Enterprises, Inc., d/b/a Courion Industries (Courion). The district court, in granting summary judgment, awarded Courion $14,920 on its counterclaim for the balance due under a construction contract. For the following reasons, we hold that the district court erred in granting summary judgment for Courion, and that summary judgment...

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