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LIBERTY MUT. FIRE INS. CO. v. SCOTT

No. 06-1626.

486 F.3d 418 (2007)

LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellee, v. Portia SCOTT, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2007.

Attorney(s) appearing for the Case

Robert G. Pennell, argued, Clayton, MO, for appellant.

Robert L. Brady, argued, St. Louis, MO (T. Michael Ward, on the brief), for appellee.

Before MELLOY, SMITH, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Liberty Mutual Fire Insurance Company ("Liberty Mutual") filed a declaratory judgment action against Portia Scott, seeking a declaration that its first-party property insurance policy afforded no coverage for fire damage to Scott's house and personal property. At the close of evidence, the district court1 granted Liberty Mutual's motion under Federal Rule of Civil Procedure 50 for judgment as a matter of

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