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LINDSAY MFG. CO. v. HARTFORD ACC. & INDEM. CO.

Nos. 96-1282, 96-1440.

118 F.3d 1263 (1997)

LINDSAY MANUFACTURING COMPANY, Appellant, v. HARTFORD ACCIDENT & INDEMNITY CO.; Hartford Insurance Company, of Illinois, Appellees, DeKalb Energy Company, a corporation, Defendant. LINDSAY MANUFACTURING COMPANY, Appellee, v. HARTFORD ACCIDENT & INDEMNITY CO.; Hartford Insurance Company, of Illinois, Appellants, DeKalb Energy Company, a corporation, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1997.

Rehearing Denied August 18, 1997.

Attorney(s) appearing for the Case

William Jay Riley, Omaha, NE, argued (William J. Brennan and Gerald L. Friedrichsen, on the brief), for Lindsay Mfg. Co.

William M. Lamson, Jr., Omaha, NE, argued (Lyman L. Larsen, Robert S. Soderstrom and D.J. Sartorio, on the brief), for Hartford Acc. & Indem. Co.

Before McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

Lindsay Manufacturing Company (Lindsay) appeals the district court's grant of summary judgment to Hartford Accident & Indemnity Company and the Hartford Insurance Company of Illinois (collectively, Hartford) on Lindsay's claim and Hartford's restitution counterclaim arising out of insurance coverage for environmental cleanup costs. Lindsay argues that the district court erred in holding that, under...

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