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TRANSCONTINENTAL INS. v. W.G. SAMUELS CO.

No. 03-2564.

370 F.3d 755 (2004)

TRANSCONTINENTAL INSURANCE COMPANY, Plaintiff — Appellee, v. W.G. SAMUELS COMPANY, INC., a Kansas Corporation, Defendant — Appellant, Excelsior Springs School District, District No. 40, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Michael W. Wharton of Overland Park, KS. Also appearing on the brief was W. Robert King.

Counsel who presented argument on behalf of the appellee was Michael Ward of St. Louis, MO. Also appearing on the brief was David R. Buchanan.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

W.G. Samuels Company, Inc. ("Samuels") appeals from the district court's1 grant of summary judgment in favor of Transcontinental Insurance Company ("TIC"). TIC filed this declaratory judgment action to determine whether it had a duty under an insurance policy to defend and indemnify Samuels in its underlying lawsuit with Excelsior Springs School District, District No. 40 ("ESSD"). Because we conclude that the alleged...

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