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SFH, INC. v. MILLARD REFRIGERATED SERVICES, INC.

Nos. 02-2330, 02-2489 and 02-3442.

339 F.3d 738 (2003)

SFH, INC., Plaintiff-Appellant/Cross-Appellee, v. MILLARD REFRIGERATED SERVICES, INC., Defendant-Appellee, Larsen Realty Company, Defendant-Appellee/Cross-Appellant. The Travelers Indemnity Company of Illinois, Plaintiff-Appellant, v. Millard Refrigerated Services, Inc., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2003.

Petitions for Rehearing Denied: October 7, 2003.

Attorney(s) appearing for the Case

Michael C. McCarthy, argued, Minneapolis, MN (David F. Herr, Minneapolis, MN, Paul T. Falk and Steven R. Johnson, Chicago, IL, and Rex A. Rezac, Omaha, NE, on the brief), for appellant/cross-appellee in 02-2330/02-2489. David T. Schultz, argued, Minneapolis, MN (Thomas M. Sipkins and Matthew E. Johnson, Minneapolis, MN, and Douglas J. Peterson, Lincoln, NE, on the brief), for appellant Travelers Indemnity Company of Illinois in 02-3442.

William R. Johnson, argued, Omaha, NE (Raymond E. Walden, Omaha, NE, on the brief), for appellee Millard Refrigerated Services in Case No. 02-2330. Mark A. Christensen, argued, Lincoln, NE, for Appellee/Cross-Appellant Larsen Realty in Case Nos. 02-2330/02-2489. David D. Ernst, argued and briefed, Omaha, NE, for appellee Millard Refrigerated Services in Case No. 02-3442.

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

LOKEN, Chief Judge.

We have consolidated these appeals in two diversity actions brought to establish the parties' respective liabilities for a January 1998 fire that destroyed the Signature Foods processing business of SFH, Inc. ("Signature"). The fire started in the portion of an Omaha warehouse that Signature leased from Millard Refrigerated Services, Inc. ("Millard"). Millard managed the warehouse under an agreement with the building's owner, Larsen Realty Co....

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