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AGGROW OILS, L.L.C. v. NATIONAL UNION FIRE

Nos. 03-3345, 03-3346.

420 F.3d 751 (2005)

AGGROW OILS, L.L.C., Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; Anderson International Corporation, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2005.

Attorney(s) appearing for the Case

Thomas J. Vollbrecht, argued, Minneapolis, MN (Philip L. Bruner, Kristin L. Poppenberg, Minneapolis, MN, on the brief), for appellant National Union Fire Insurance.

Gregory V. Mersol, argued, Cleveland, OH (Thomas J. Piatak, Cleveland, OH, on the brief), for appellant Anderson International.

Craig R. Campbell, argued, Moorehead, MN (Steven E. Noack, Robert G. Manly, Moorhead, MN, on the brief), for appellee Aggrow Oils.

Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.

LOKEN, Chief Judge.

AgGrow Oils L.L.C. (AgGrow) hired T.E. Ibberson Company (Ibberson) to design and build an oilseed processing plant in Carrington, North Dakota. Ibberson's performance as general contractor was secured by a bond issued by National Union Fire Insurance Company of Pittsburgh (National Union). Anderson International Corporation (Anderson) supplied critical seed processing equipment. Despite lengthy efforts to solve numerous problems, the completed...

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