063910P.pdf   07/17/2007  R.D. Offutt Company  v.  Lexington Ins. Co.
   U.S. Court of Appeals Case No:  06-3910
   District of North Dakota - Fargo   
   [PUBLISHED] [Murphy, Author, with Beam and Shepherd, Circuit
   Judges]
   Civil case - Insurance. In suit seeking to recover the cost of renting
   generators and buying diesel fuel needed to provide water services when
   the switch gear which normally performed the function was damaged, the
   district court did not err in determining the costs were covered under a
   policy provision covering replacement of the gear; applying the ordinary
   usage of the word "replacement," the cost of renting generators and
   buying fuel was covered under because plaintiff had to rent the generators
   to provide a functional equivalent of the damaged switch gear; the
   expense was not excluded by a policy term excluding loss or damage to
   growing costs; applying the law of North Dakota, there was no error in
   awarding plaintiff attorney fees.