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16-1669 - Selective Insurance Company of v. Target Corporation


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16-1669 - Selective Insurance Company of v. Target Corporation
December 29, 2016
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Filed opinion of the court by Judge Magnus-Stinson. AFFIRMED. Joel M. Flaum, Circuit Judge; Michael S. Kanne, Circuit Judge and Jane E. Magnus-Stinson, District Court Judge. [6807991-1] [6807991] [16-1669]
January 25, 2017
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ORDER: The opinion of this Court issued on 12/29/2016 is amended as follows: On page 4, at lines 23 and 28, the year “2001” is replaced with “2007,” such that the date referenced in both lines is “April 2007.” On page 7, at line 26, the word “eight” is replaced with “two,” such that the sentence reads as follows: “One of those future agreements was the Program Agreement executed by Target and Harbor two years after the Supplier Agreement.” On page 8, at line 6 of footnote 1, the word “eight” is re-placed with “two,” such that the sentence reads as follows: “Selective’s position ignores the reality that the two con-tracts were executed two years apart and were not one con-tract.” [6814165-1] [6814165] [16-1669]