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WERNER ENTERPRISES, INC. v. MNX CARRIERS, INC.

No. 98-1917.

163 F.3d 490 (1998)

WERNER ENTERPRISES, INC., Appellant, v. MNX CARRIERS, INC.; Mark VII, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 22, 1998.

Attorney(s) appearing for the Case

William S. Thomas, Daniel T. Rabbitt, St. Louis, MO, argued, for Appellant.

Stephen J. Briggs, Ronald Reed, Jr., Creath S. Thorne, St. Joseph, MO, argued, for Appellee.

Before RICHARD S. ARNOLD, HEANEY, and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

This appeal arises from a dispute regarding liability for property loss resulting from theft at a commercial storage site. In granting defendants' Rule 12(b)(6) motion to dismiss, the district court1 concluded that under the written lease the landlord was not responsible for the theft of plaintiff's property. We affirm.

I.

Werner Enterprises, Inc. (Werner), a commercial transport company, entered...

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