Legal Opinion

Phillip Ferrell Thomas Ferrell Clay Lowry Donny Lowry v. West Bend Mutual Insurance Company

Court of Appeals for the Eighth Circuit

Decided January 4, 2005No. 03-1307, 03-2846PublishedCited by 88 opinions

1Opinion of the Court

COLLOTON, Circuit Judge.

In these consolidated appeals, West Bend Mutual Insurance Company (“West Bend”) appeals an adverse decision of the district court 1 following a bench trial, and also challenges the court’s imposition of attorney’s fees and prejudgment interest. We affirm.

I

In 1999, Arkansas tomato growers Phillip and Tommy Ferrell and Clay and Donny Lowry (“the tomato growers” or “growers”) purchased from Hi-Tech Film, Inc. (“Hi-Tech”) a plastic film meant to prevent soil from splashing onto their plants and causing blight. The tomato growers rolled the film over their fields, but after…

2Cases cited35 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  3. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  4. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  5. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980

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3Cited by88 opinions

  1. Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's LondonTexas Supreme Court · 2010
  2. Lamar Homes, Inc. v. Mid-Continent Casualty Co.Texas Supreme Court · 2007
  3. Creative Calling Solutions, Inc. v. LF Beauty Ltd.Court of Appeals for the Eighth Circuit · 2015
  4. TH Agriculture & Nutrition, LLC v. Ace European Group Ltd.Court of Appeals for the Tenth Circuit · 2007
  5. Lexington Insurance Company v. Hotai Insurance Company, Ltd.Court of Appeals for the Seventh Circuit · 2019

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