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CAROLINA CAS. INS. CO. v. BURBACH

No. 02-3675, 02-3676.

354 F.3d 929 (2004)

CAROLINA CASUALTY INSURANCE COMPANY, Appellee, v. Alfred BURBACH, Continental Insurance Company, Appellants,

United States Court of Appeals, Eighth Circuit.

Filed: January 14, 2004.

Attorney(s) appearing for the Case

John L. Tambornino, Minnetonka, MN, for Burbach.

Stephen O. Plunkett, Minneapolis, MN, for Continental Insurance Company.

Mark W. Gwin, Andrea Reisbord, Minneapolis, MN, for appellee Carolina Casualty Company.

Robert W. Kettering, Jr., Minneapolis, MN, for Armstrong Rigging & Erecting, Inc.

Before BYE, HANSEN, and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

Carolina Casualty Insurance Company ("Carolina") brought this declaratory judgment action against Continental Insurance Company ("Continental"), Alfred Burbach ("Burbach"), and Armstrong Rigging & Erecting, Inc. ("Armstrong Rigging"),1 seeking a declaration relating to disputed insurance coverage. We now reverse the district court's determination that Continental's policy provides the primary insurance coverage...

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