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TONICSTAR LTD. v. LOVEGREEN TURBINE SERVICES, INC.

No. 06-3503.

535 F.3d 790 (2008)

TONICSTAR LIMITED, Appellee, v. LOVEGREEN TURBINE SERVICES, INC., Appellant, Flint Hills Resources LP, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2008.

Attorney(s) appearing for the Case

Chad A. Snyder, argued, Minneapolis, MN, for appellant.

Robert J. Franco, argued, Richard M. Kuntz and Kelly L. Soltz, Chicago, IL, on the brief, for appellee.

Before BYE, BEAM, and SMITH, Circuit Judges.

BYE, Circuit Judge.

A cloth rag remaining in an oil refinery compressor caused several million dollars in business interruption damages. Tonicstar Limited, one of the insurers of Lovegreen Turbine Services, the company who serviced the compressor, brought this declaratory judgment action claiming it had no duty to defend or indemnify Lovegreen in an action for damages brought by the owner of the oil refinery. The district court1 granted...

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