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PENNZOIL CO. v. U.S. FIDELITY AND GUAR. CO.

No. 94-1730.

50 F.3d 580 (1995)

PENNZOIL COMPANY, Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 20, 1995.

Attorney(s) appearing for the Case

Randall Joseph Bakke, Bismarck, ND, argued, for appellant.

Frederick E. Whisenand, Jr., Williston, ND, argued, for appellee.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

Pennzoil Company ("Pennzoil") brought this diversity action against United States Fidelity and Guaranty Company ("USF & G") seeking to recover Pennzoil's costs and attorney's fees in successfully defending a personal injury claim by a contractor's employee. The district court dismissed Pennzoil's claim on the ground that USF & G had no duty to indemnify Pennzoil under either the additional insured or the contractual liability provision...

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