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DECKER PLASTICS CORP. v. WEST BEND MUT. INS. CO.

No. 17-1319.

880 F.3d 1017 (2018)

DECKER PLASTICS CORP., Plaintiff-Appellant v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2018.

Attorney(s) appearing for the Case

Douglas W. Krenzer , Amy Marie Locher , Thomas M. Locher , LOCHER & PAVELKA, Omaha, NE, for Plaintiff-Appellant.

John F. Lorentzen , NYEMASTER & GOODE, Des Moines, IA, for Defendant-Appellee.

Before WOLLMAN, LOKEN, and KELLY, Circuit Judges.

Decker Plastics Corp. (Decker) sold plastic bags to Al's, Inc. (Al's). Al's filled the bags with landscaping materials (sand and rock) and stored them outdoors for sale to its wholesale customers. Because Decker failed to manufacture the bags with an ultraviolet inhibitor, the bags deteriorated in the sunlight, spilling rock and sand off pallets...

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