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SARGENT CONST. CO. v. STATE AUTO. INS.

No. 93-2529.

23 F.3d 1324 (1994)

SARGENT CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. STATE AUTO INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1994.

Attorney(s) appearing for the Case

Maurice Graham, Fredericktown, MO, argued (Mike D. Murphy, on the brief), for appellant.

Richard Steele, Cape Girardeau, MO, argued, for appellee.

Before LOKEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and KYLE, District Judge.

KYLE, District Judge.

Sargent Construction Company ("Sargent") appeals the district court's decision granting summary judgment in favor of State Auto Insurance Company ("State Auto"). Sargent contends that the district court erred in determining that the definition of "pollutant" in the Commercial General Liability policy was unambiguous. We reverse and remand.

Background

On January 3, 1992, Sargent was engaged in a construction project for...

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