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MODERN EQUIPMENT CO. v. CONTINENTAL WESTERN INS.

No. 02-2119.

355 F.3d 1125 (2004)

MODERN EQUIPMENT COMPANY, a Nebraska Corporation, Appellant, v. CONTINENTAL WESTERN INSURANCE COMPANY, INC., an Iowa Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 28, 2004.

Rehearing Denied March 10, 2004.

Attorney(s) appearing for the Case

Thomas E. Johnson, argued, Omaha, NE (Kirk S. Blecha, Omaha, NE, on the brief), for appellant.

James J. Frost, argued, Omaha, NE, for appellee.

Before HANSEN, Chief Judge, BRIGHT and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Modern Equipment Company ("Modern Equipment") appeals from the district court's2 grant of summary judgment to Continental Western Insurance Company ("Continental Western") on cross-motions for summary judgment. Modern Equipment sued Continental Western seeking a declaratory judgment establishing Continental Western's duty to defend Modern Equipment in an underlying suit brought by Nebraska Beef Ltd. ("Nebraska Beef...

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