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INTERCO INC. v. NATIONAL SUR. CORP.

No. 89-1607.

900 F.2d 1264 (1990)

INTERCO INCORPORATED, Appellant, v. NATIONAL SURETY CORPORATION; Federal Insurance Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1990.

Attorney(s) appearing for the Case

Lynn Chipperfield, St. Louis, Mo., for appellant.

Robyn Griefzu Fox, Charles E. Reis, IV, St. Louis, Mo., for appellees.

Before ARNOLD and MAGILL, Circuit Judges, and HEANEY, Senior Circuit Judge.

MAGILL, Circuit Judge.

Appellant, Interco Incorporated (Interco), brought a declaratory judgment action to determine the liability of second- and third-tier excess liability carriers as a result of the insolvency of a first-tier excess carrier. Appellee, National Surety Corporation (National), moved to dismiss the complaint, pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted...

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