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CAPITOL INDEM. v. WEST FARGO PLUMBING & HEATING

No. 97-4103.

145 F.3d 998 (1998)

CAPITOL INDEMNITY CORPORATION, Appellant, v. WEST FARGO PLUMBING & HEATING, INC., Roger Arzt, and Carol Arzt, Defendants, and Joel Liebl and Lori Liebl, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1998.

Attorney(s) appearing for the Case

Todd A. Sattler, Minneapolis, MN, argued, for Appellant.

Thomas B. Olson, St. Louis Park, MN, argued, for appellees.

Before McMILLIAN, NOONAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Capitol Indemnity Corporation (Capitol) brought this action to foreclose a mortgage that Capitol maintains arose pursuant to a General Indemnity Agreement (GIA) that Roger and Carol Arzt executed in return for Capitol's undertaking to be a surety for the completion of certain construction projects. The real estate against which Capitol claims an encumbrance was previously owned by the...

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