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NATIONAL UNION FIRE INS. v. STRUCTURAL SYSTEMS

Nos. 91-2699 to 91-2701.

964 F.2d 759 (1992)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Appellant, v. STRUCTURAL SYSTEMS TECHNOLOGY, INC., Federal Broadcasting Company; Federal Enterprises, Inc.; and Kirx, Inc., Appellees. STRUCTURAL SYSTEMS TECHNOLOGY, INC., Appellee, v. INTERNATIONAL INSURANCE COMPANY, Appellant. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Appellee, v. STRUCTURAL SYSTEMS TECHNOLOGY, INC., Appellant. FEDERAL BROADCASTING COMPANY, Federal Enterprises, Inc. and KIRX, Inc., Structural Systems Technology, Inc., Appellants, v. INTERNATIONAL INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 15, 1992.

Rehearing Denied June 26, 1992.

Attorney(s) appearing for the Case

Joel R. Mosher, Kansas City, Mo., argued (W. James Foland and David E. Shay, on brief), for Nat. Union.

James S. Stickles, Chicago, Ill., argued (Allen D. Churchill, Belleville, Ill., on brief), for Intern. Ins.

Daniel T. Rabbitt of St. Louis, Mo., argued (Fred C. Alexander, Jr., Alexandria Va., on brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BOWMAN, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

This appeal arises out of the collapse of a broadcast tower in Knox County, Missouri. Federal Broadcasting Corporation and Federal Enterprises, Inc., the owners of the tower, and KIRX, a radio station which used the tower for broadcasting, sought damages arising from the loss of the tower from Structural Systems Technology, Inc., the building contractor for the tower. National Union Fire Insurance Company, invoking diversity jurisdiction...

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