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LEPRINO FOODS CO. v. FACTORY MUT. INS. CO.

Nos. 04-1319, 04-1338.

453 F.3d 1281 (2006)

LEPRINO FOODS COMPANY, Plaintiff-Appellant/Cross-Appellee, v. FACTORY MUTUAL INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

July 6, 2006.

Attorney(s) appearing for the Case

Michael A. Pope (with J. Christian Nemeth, McDermott, Will & Emery LLP, Chicago, IL, and Michael G. Bohn, Campbell, Bohn, Killin, Brittan & Ray, LLC, Denver, CO, on the briefs), McDermott, Will & Emery LLP, Chicago, IL, for Plaintiff-Appellant/Cross-Appellee.

Matthew Mersfelder (with Russell E. Yates and Carlos Leal, on the briefs), Yates & Leal LLP, Denver, CO, for Defendant-Appellee/Cross-Appellant.

Before KELLY, HENRY, and McCONNELL, Circuit Judges.

HENRY, Circuit Judge.

This diversity action stems from a dispute involving the contamination of over eight million pounds of mozzarella cheese manufactured by Leprino Foods Company resulting in damages of $13,589,235.45. Leprino sought coverage under an all-risk insurance policy issued by Factory Mutual Insurance Company ("FM"), which denied the claim, citing the FM policy's "contamination exclusion." Leprino argued first, that the insured cheese was covered under...

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