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KOCH ASPHALT CO. v. FARMERS INS. GROUP

No. 88-1789.

867 F.2d 1164 (1989)

KOCH ASPHALT COMPANY, A DIVISION OF KOCH FUELS, INC., Appellant, v. The FARMERS INSURANCE GROUP; Farmers Insurance Exchange; Truck Insurance Exchange, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1989.

Attorney(s) appearing for the Case

Quentin E. Kurtz, Wichita, Kan., for appellant.

Chadwyn D. Cos, Dubuque, Iowa, for appellees.

Before HEANEY and BEAM, Circuit Judges, and LARSON, District Judge.

BEAM, Circuit Judge.

The Koch Asphalt Company (KAC) appeals from an order of the district court dismissing its action against the appellee insurers. KAC had sought a declaratory judgment that KAC was an insured under an insurance policy between appellee and Rock River Cartage, Inc. (Rock River), and therefore was entitled to the rights accorded an insured under that policy. We affirm the decision of the district court.

I. BACKGROUND

A. Kilday's...

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