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CONTINENTAL CAS. v. ADVANCE TERRAZZO & TILE

No. 05-3594.

462 F.3d 1002 (2006)

CONTINENTAL CASUALTY COMPANY; Transportation Insurance Company, Appellees, v. ADVANCE TERRAZZO & TILE COMPANY, INC.; James M. Fanjoy; Nancy L. Fanjoy, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2006.

Attorney(s) appearing for the Case

Michael J. Rothman, argued, Minneapolis, MN, for appellant.

Robert E. Salmon, argued, Minneapolis, MN, for appellee.

Before SMITH, HANSEN, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

Advance Terrazzo and Tile Company, Inc. ("Advance Terrazzo") and James and Nancy Fanjoy ("the Fanjoys") appeal the district court's1 declaratory judgment in favor of insurance companies Continental Casualty Company and Transportation Insurance Company ("insurance companies"). The Fanjoys sued Advance Terrazzo and others after James Fanjoy was allegedly exposed to an excessive amount of carbon monoxide gas released...

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