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                        as a courtesy to the reader. They are not part of the opinion of the court.

101825P.pdf   07/07/2011  Monarch Fire Protection Dist.  v.  Freedom Consulting & Auditing
   U.S. Court of Appeals Case No:  10-1825
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Colloton and Gruender,
   Circuit Judges]
   Civil case - torts. District court did not err in granting defendant
   summary judgment on plaintiff's claim for conversion as plaintiff failed to
   establish the elements of conversion under Missouri law; Missouri
   Supreme Court would require an indemnity clause to contain express
   language referencing litigation between the parties before interpreting it to
   allow a party to recover attorneys' fees incurred in an action asserting its
   rights under the contract; here the indemnity clause does not contain such
   language and the court did not err in denying a request for fees. Judge
   Gruender, concurring in part and dissenting in part.