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ST. PAUL FIRE, MAR. INS. v. BUILDING CONST. ENTER.

No. 07-2246.

526 F.3d 1166 (2008)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY; Charter Oak Insurance Co., Plaintiffs-Appellees, v. BUILDING CONSTRUCTION ENTERPRISES, INC., Defendant-Appellant, v. Building Construction Enterprises, Inc., Third Party Plaintiff Appellant, v. North River Insurance Company, Third Party Defendant Appellee, Great American Alliance Insurance Company, Third Party Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2008.

Attorney(s) appearing for the Case

John R. Weist, argued, Overland Park, KS, for appellant.

Lee Hedgecock Ogburn, argued, Baltimore, MD (Lee M. Baty, Steven M. Klepper, Theresa A. Otto, Kansas City, MO, on the brief), for appellee.

Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Appellant, a general contractor, sought coverage under two insurance policies for expenses associated with the repair and reconstruction of a subcontractor's installation of underground concrete structures at a military base in Fort Riley, Kansas. Appellee-insurers brought the present declaratory judgment action to determine whether they owed coverage. The district court1 applied Missouri law, the law of the forum...

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