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SPARTAN PETROLEUM CO. v. FEDERATED MUT. INS. CO.

No. 97-2556.

162 F.3d 805 (1998)

SPARTAN PETROLEUM COMPANY, INCORPORATED, Plaintiff-Appellee, v. FEDERATED MUTUAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1998.

Attorney(s) appearing for the Case

ARGUED: Laura Jean Hanson, Meagher & Geer, P.L.L.P., Minneapolis, Minnesota, for Appellant. Kevin Augustus Dunlap, Parker, Poe, Adams & Bernstein, L.L.P., Spartanburg, South Carolina, for Appellee. ON BRIEF: Susan M. Radde, Meagher & Geer, P.L.L.P., Minneapolis, Minnesota; Richard R. Mehrhof, Jr., Allgood, Childs, Mehrhof & Millians, Augusta, Georgia, for Appellant. Steven D. Weber, Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, North Carolina, for Appellee.

Before LUTTIG, Circuit Judge, BUTZNER, Senior Circuit Judge, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

Affirmed in part and reversed and remanded in part by published opinion. Judge LUTTIG wrote the opinion, which Senior Judge BUTZNER and Judge THORNBURG joined.

OPINION

LUTTIG, Circuit Judge:

This diversity suit is a dispute over insurance coverage for the insured's liability to a third party for an underground gasoline leak. We hold that under South Carolina law the insurance policy was only triggered once the gasoline reached the third-party's property...

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