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EMCASCO INS. CO. v. DIEDRICH

No. 03-2722.

394 F.3d 1091 (2005)

EMCASCO INSURANCE COMPANY, Plaintiff-Appellee, v. Edith DIEDRICH, Wayne Diedrich, John Diedrich, Defendants, R.S. and R.S. as Guardian ad litem for M.S., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: January 19, 2005.

Attorney(s) appearing for the Case

Scott R. Swier, argued, Yankton, South Dakota, for appellant.

Timothy M. Gebhart, Sioux Falls, South Dakota, for appellee.

Before LOKEN, Chief Judge, SMITH, Circuit Judge, and DORR, District Judge.

DORR, District Judge.

Appellants appeal from the decision of the district court2 granting summary judgment in favor of EMCASCO and denying summary judgment for appellants on their cross-motions for summary judgment. For the reasons stated below, we affirm the district court.

I. Background

A. Factual Background

Edith and Wayne Diedrich ("the Diedrichs") live in South Dakota, and, at all times relevant...

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