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ROYAL INS. CO. v. KIRKSVILLE COLLEGE

No. 98-2491.

191 F.3d 959 (1999)

ROYAL INSURANCE COMPANY OF AMERICA; American Employers' Insurance Company, Plaintiffs-Appellees, v. KIRKSVILLE COLLEGE OF OSTEOPATHIC Medicine, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed September 15, 1999.

Rehearing and Rehearing Denied November 3, 1999.

Attorney(s) appearing for the Case

Thomas W. Rynard, Jefferson City, MO, Argued, (Richard D. Ryne, Kansas City, Mo, on the brief), for Appellant.

John L. Hayob, Kansas, City, MO, Argued, (Christina Magee, Kansas City, MO, Christopher M. Bechold and Donald P. Screen, Cincinnati, OH, on the brief), for Appellee.

Before MCMILLIAN, LOKEN, and MURPHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 3, 1999.*

LOKEN, Circuit Judge.

Kirksville College of Osteopathic Medicine ("KCOM") punctured an underground storage tank while allegedly trespassing on a neighbor's property. Pollutants escaped from the tank, and the neighbor sued KCOM to recover its clean-up costs. KCOM tendered defense of the suit to its liability insurers, Royal Insurance Company of America ("Royal") and American...

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