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U.S. FIDELITY & GUAR. INSURANCE COMPANY v. COMMERCIAL UNION MIDWEST COMPANY

No. 04-1826.

430 F.3d 929 (2005)

UNITED STATES FIDELITY & GUARANTEE INSURANCE COMPANY; Catherine L. Rootness, Trustee for the Heirs and Next of Kin of Brent A. Hincher, deceased; Payless Cashways, Inc., d/b/a/ Knox Lumber Company, Appellants, v. COMMERCIAL UNION MIDWEST INSURANCE COMPANY; American Employers' Insurance Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 7, 2005.

Attorney(s) appearing for the Case

Gregory J. Johnson, argued, St. Paul, MN, for appellant.

Megan D. Hafner, argued, Minneapolis, MN, for appellee.

Before MURPHY, HANSEN, and SMITH, Circuit Judges.

HANSEN, Circuit Judge.

This case involves a dispute between insurance companies over whose policy covers Payless Cashways, Inc.'s (Payless) liability related to the tragic death of Brent A. Hincher, who was killed during a work accident on Payless's premises. The district court granted summary judgment to Commercial Union Midwest Insurance Company (CU) and American Employers' Insurance Company (AE), finding that Payless was not insured under AE's policy and that CU...

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