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FIREMEN'S FUND INS. CO. v. THIEN

No. 94-2764.

63 F.3d 754 (1995)

FIREMEN'S FUND INSURANCE COMPANY, Appellee, The Fidelity and Casualty Company, of New York, Plaintiff, v. Michael THIEN; M. Ellen Bigge, ad litem for Matthew T. Davis, Deceased, Defendants, Kenneth D. Benedict; Hallowgene Benedict; Chad Benedict, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1995.

Attorney(s) appearing for the Case

Robert F. Fisher, argued, Independent, MO (William C. Hopkins, Ronald J. Stites, and Steven L. Hobson, on brief), for appellant.

John W. Cowden, argued, Kansas City, MO (Peter F. Travis, on brief), for appellee.

Before MAGILL and HANSEN, Circuit Judges, and GOLDBERG, Judge.

MAGILL, Circuit Judge.

Decedent Charles Benedict's survivors appeal from a final judgment entered by the district court1 upon a jury verdict in this action seeking declaratory judgment resolving the insurance coverage of defendants in a state court wrongful death action. They challenge four evidentiary rulings at trial.

I. BACKGROUND

On September 11, 1989, a small aircraft, en...

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