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BOARDMAN PETROLEUM, INC. v. FEDERATED MUT. INS. CO.

No. 96-9270.

135 F.3d 750 (1998)

BOARDMAN PETROLEUM, INC., d.b.a. Red & Jack Oil Company, Plaintiff-Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, Defendant-Appellee. FEDERATED MUTUAL INSURANCE COMPANY, a Minnesota Corporation, Plaintiff-Appellee, v. BOARDMAN PETROLEUM, INC., a Georgia corporation d.b.a Red & Jack Oil Company, Defendant-Cross-Defendant-Appellant, Fireman's Fund Insurance Company, a California corporation, d.b.a. American Automobile Insurance Company, Defendant-Cross-Claimant.

United States Court of Appeals, Eleventh Circuit.

February 19, 1998.

Attorney(s) appearing for the Case

Raymond G. Chadwick, Jr., R. Perry Sentell, III, Kilpatrick & Stockton, LLP, Augusta, GA, for Boardman Petroleum, Inc.

Richard R. Mehrhof, Jr., Allgood, Childs, Mehrhof & Millians, Augusta, GA, Laura J. Hanson, Aaron B. Latto, William M. Hart, Meagher & Geer, Minneapolis, MN, for Appellee.

Before HATCHETT, Chief Judge, and EDMONDSON and COX, Circuit Judges.

COX, Circuit Judge:

Boardman Petroleum, Inc., d/b/a/ Red & Jack Oil Company ("Boardman"), appeals the district court's summary judgment in favor of Federated Mutual Insurance Company ("Federated") on the choice-of-law applicable to these consolidated cases. We vacate and remand.

I. BACKGROUND

Boardman owns and operates a chain of retail gasoline stations and convenience stores located throughout the Southeast. Federated is a policyholder-owned...

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