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NEW HAMPSHIRE INSURANCE COMPANY v. POWER-O-PEAT, INC.

No. 89-5518.

907 F.2d 58 (1990)

NEW HAMPSHIRE INSURANCE COMPANY, a foreign corporation, Appellee, v. POWER-O-PEAT, INC., a Minnesota corporation; Todd Leoni and Kay Kaubsky, each individually and d/b/a Gardener Kay, Inc.; Organic Conversion Corporation, a Minnesota corporation, Appellant, Sidney Seplowing; Garden Marketing Associates, Inc.; Hyponex, Inc.

United States Court of Appeals, Eighth Circuit.

Decided June 22, 1990.

Attorney(s) appearing for the Case

Bruce C. Recher, Minneapolis, Minn., for appellant.

Robert W. Ketterin, Jr., Minneapolis, Minn., for appellee.

Before MAGILL, Circuit Judge, ROSS, Senior Circuit Judge, and BEAM, Circuit Judge.

PER CURIAM.

Power-O-Peat, Inc. is a Minnesota corporation engaged in the business of packaging and distributing soil additive products. New Hampshire Insurance Company (New Hampshire) provided various forms of insurance for Power-O-Peat from 1985 to 1988, including a policy of comprehensive general liability insurance which provided, among other things, advertising injury liability coverage.

In 1986, Organic Conversion Corporation (Organic) filed suit against...

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