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FIREMEN'S FUND INS. CO. v. THIEN

No. 93-1815.

8 F.3d 1307 (1993)

FIREMEN'S FUND INSURANCE COMPANY, Appellee, The Fidelity and Casualty Company, of New York, Plaintiff, v. Michael THIEN; M. Ellen Bigge, Defendant ad litem for Matthew T. Davis, Deceased, Defendants, Kenneth D. Benedict; Hallowgene Benedict; Chad Benedict, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1993.

Attorney(s) appearing for the Case

Robert G. Fisher, Independence, MO, argued (H. William McIntosh and Ronald J. Stites, on the brief), for appellants.

Phillip C. Rouse, Kansas City, MO, argued (John W. Cowden and Peter F. Travis, on the brief), for appellee.

Before MAGILL, Circuit Judge, LAY, Senior Circuit Judge, and HANSEN, Circuit Judge.

MAGILL, Circuit Judge.

In this insurance coverage declaratory action concerning a "fellow employee" exclusion, Kenneth D. Benedict, Hallowgene Benedict, and Chad Benedict (the Benedicts) appeal a grant of summary judgment to Firemen's Fund Insurance Company (Firemen's Fund). The Benedicts contend the district court improperly granted Firemen's Fund summary judgment because there remained in dispute at least one issue of material fact. We agree with the Benedicts,...

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