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ALTRU HEALTH SYSTEM v. AMERICAN PROTECTION INS.

No. 00-1209.

238 F.3d 961 (2001)

ALTRU HEALTH SYSTEM; Altru Specialty Services, Inc., Plaintiffs-Appellees, v. AMERICAN PROTECTION INSURANCE COMPANY, a member of Kemper National Insurance Companies, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 6, 2001.

Attorney(s) appearing for the Case

Alan R. Miller, argued, Boston, MA (Thomas B. Keegan, Edward W. Gleason, Chicago, IL, Steven L. Marquart, Moorhead, MN, on the brief), for appellant.

Eric J. Magnuson, argued, Minneapolis, MN (Donald J. Olson, Scott D. Jensen, Grand Forks, ND, on the brief), for appellee.

Before McMILLIAN, BOWMAN, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

In April 1997, the Red River crested at twenty-six feet above flood stage in Grand Forks, North Dakota. When flood waters reached the parking lot of United Hospital, and the City's water system failed, the North Dakota Health Department ordered the Hospital to evacuate its patients to other facilities. The Hospital remained closed for three weeks. The Hospital owner, Altru Health System and Altru Specialty Services, Inc. ("Altru"), submitted...

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