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STATE FARM MUT. AUTO. INS. CO. v. GENGELBACH

No. 86-6025-CV-SJ-6.

664 F.Supp. 1275 (1987)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. Gordon GENGELBACH, et al., Defendants.

United States District Court W.D. Missouri, St. Joseph Division.

August 5, 1987.

Attorney(s) appearing for the Case

R.A. Brown, Brown, Douglas & Brown, St. Joseph, Mo., for State Farm Mut. Auto. Ins. Co.

L.R. Magee, Frank D. Eppright, Hines & Magee, Kansas City, Mo., for Tippits.

Lawrence Fisher, Plattsburg, Mo., for Gengelbachs.

MEMORANDUM AND ORDER

SACHS, District Judge.

Plaintiff insurer seeks a ruling that it is not obligated under a "personal and farm liability policy" for an injury that occurred as the result of a fall through a hole in the first floor of an unfinished house on a residential lot built by the insured for sale. The policy excludes "any business pursuits of an insured, other than activities therein which are ordinarily incident to non-business pursuits...." P...

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