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ELECTRO BATTERY MFG. v. COMMERCIAL UNION INS. CO.

No. 89-0297-C-5.

762 F.Supp. 844 (1991)

ELECTRO BATTERY MFG. CO. and Fireman's Fund Insurance Cos. Plaintiffs, v. COMMERCIAL UNION INSURANCE CO., Defendant.

United States District Court, E.D. Missouri, E.D.

February 26, 1991.

Attorney(s) appearing for the Case

Dennis C. Burns, Godfrey, Vandover & Burns, Inc., St. Louis, Mo., for plaintiffs.

Russell F. Watters, Brown & James, St. Louis, Mo., for defendant.

MEMORANDUM

LIMBAUGH, District Judge.

Plaintiffs Electro Battery Mfg. Co. ("Electro") and Fireman's Fund Insurance Cos. ("Fireman's") filed a one count complaint against defendant Commercial Union Insurance Co. ("Commercial Union") seeking declaratory relief and damages. Plaintiffs allege that Commercial Union is liable for damages resulting from a gap between Electro's primary and excess automobile insurance coverage. This action was tried before the Court...

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