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SOURCE FOOD TECH. v. U.S. FIDELITY & GUAR.

No. 06-1166.

460 F.3d 995 (2006)

SOURCE FOOD TECHNOLOGY, INC., Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2006.

Rehearing Granted and Opinion Vacated October 5, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Michael R. Cunningham of Minneapolis, Minnesota. Also appearing on the brief was Lawrence A. Moloney.

Counsel who presented argument on behalf of the appellee was Jonathan D. Jay of Minneapolis, Minnesota. Also appearing on the brief were Terrance C. Newby and Nicholas S. Kuhlmann.

Before SMITH, HEANEY, and GRUENDER, Circuit Judges.

HEANEY, Circuit Judge.

Source Food Technology, Inc. (Source Food) appeals the district court's grant of summary judgment on behalf of United States Fidelity and Guaranty Company (USFG) in Source Food's claim for insurance coverage under the business interruption policy it purchased from USFG. The district court granted summary judgment based on its determination that Source Food failed to show that it suffered a "direct physical...

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