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DAIRY FARMERS OF AMERICA v. TRAVELERS INS. CO.

No. 01-2527.

292 F.3d 567 (2002)

DAIRY FARMERS OF AMERICA, INC., Plaintiff/Appellant, v. TRAVELERS INSURANCE COMPANY, Defendant/Appellee, v. Cabool Transport, Inc., Third Party Plaintiff, Cabool Transport, Inc., Fourth Party Plaintiff, v. National Union Fire Insurance Company, Fourth Party Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: June 3, 2002.

Rehearing Denied: July 9, 2002.

Attorney(s) appearing for the Case

Shirley Ward Keeler, argued, Kansas City, MO, (H. Fred Northcraft, on the brief), for appellant.

Robert W. Cockerham, argued, St. Louis, MO (T. Michael Ward, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BEAM, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Dairy Farmers of America, Inc. (DFA) filed a declaratory judgment action against Travelers Insurance Company (Travelers) seeking a declaration that the liability insurance policy issued by Travelers was excess over a primary policy and an umbrella policy held by Cabool Transport, Inc. and Cabool Leasing (collectively Cabool), with whom DFA had an indemnification agreement. Cabool's primary policy was also issued by Travelers. Cabool's umbrella...

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