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COSTELLO, PORTER v. PROVIDERS FIDELITY LIFE INS.

Nos. 91-1435, 91-2295.

958 F.2d 836 (1992)

COSTELLO, PORTER, HILL, HEISTERKAMP & BUSHNELL, a South Dakota Partnership, Appellee, v. PROVIDERS FIDELITY LIFE INSURANCE COMPANY, a Pennsylvania Corporation, Appellant. COSTELLO, PORTER, HILL, HEISTERKAMP & BUSHNELL, a South Dakota Partnership, Appellee, v. PROVIDERS FIDELITY LIFE INSURANCE COMPANY, a Pennsylvania Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1992.

Rehearing and Rehearing Denied April 23, 1992.

Attorney(s) appearing for the Case

Franklin Jay Wallahan, Rapid City, S.D., argued, for appellant.

Thomas E. Simmonhs, Rapid City, S.D., argued (Mark F. Marshall, on the brief), for appellee.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied April 23, 1992.

LAY, Chief Judge.

These appeals involve whether summary judgment was properly entered for Costello, Porter, Hill, Heisterkamp & Bushnell (Costello), a law firm, on an account stated for attorney fees. Costello brought suit against Providers Fidelity Life Insurance Company (Providers) to collect legal fees arising from Costello's defense of Providers in an action which resulted in a thirteen million...

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